HON.    HARVEY   B.    KURD  (Deceased) 


l'=\\-4,q^  ORIGIN   OF  THE 

Illinois  Juvenile  Court  Law 


/ 


JUVENILE    COURTS   AND  WHAT 
THEY  HAVE  ACCOMPLISHED 


THIRD  EDITION 


PUBLISHED    BY 

THE    VISITATION    AND  AID  SOCIETY 
CHICAGO,  II.LINOIS 


COUFILED   BY 

T.   D.   HURIvEY 
1907 


DEACC£SSIONED  BY 
CHICAGO  HISTORICAL  SOCIETV 
"x  CRINTED  COLLECTIONS       ^ 


PREFACE— THIRD  EDITION 

The  Illinois  Juvenile  Court  law  having  taken  its  place 
in  the  state  as  a  permanent  and  beneficent  institution,  it 
seems  proper  and  fitting  that  a  brief  history  of  the  move- 
ments leading  up  to  the  enactment  of  the  law  should  be 
recorded.  Especially,  is  this  desirable  at  the  present  time, 
as  there  are  several  persons  who  have  been  connected  with 
the  movement  from  the  beginning  and  who  are  still  actively 
engaged  in  the  work.  We  were  thus  enabled  to  obtain 
accurate  data  from  these  various  persons.  We  feel  justi- 
fied in  saying  that  this  brief  history  is  a  true  record  of 
what  occurred  from  time  to  time  in  the  enactment  of  the 
law. 

When  the  first  and  second  editions  were  published  many 
claimants  from  the  various  sections  of  the  country  came 
forth  and  insisted  that  the  Juvenile  Court  movement  was 
inaugurated  in  their  respective  states.  In  some  of  these 
states,  there  was  a  separate  trial  of  children,  in  others 
separation  of  children  charged  with  offences  from  adults, 
others,  again,  had  limited  probation.  All,  however,  dealt 
with  the  child  as  an  offender  against  the  law.  The  Crim- 
inal Law  was  invoked  and  whatever  order  was  entered  in 
the  case  was  under  the  Criminal  Statute.  These  various 
statutes  were  examined  by  the  framers  of  the  Illinois  'Ju- 
venile Court  Law  and  none  proved  satisfactory.  After  a 
long  research,  the  committee  discarded  all  these  statutes 
and  started  with  new  thoughts  and  ideas. 

The  first  question  settled  was  that  they  were  to  deal  with 
childhood  and,  second,  that  it  was  not  crime  but  conditions 
that  confronted  the  committee,  and  so  it  was  decided  that  a 
law  would  be  drafted  dealing  with  conditions.  Was  the 
child  in  a  condition  of  truancy,  neglect,  dependerjcy,  or 
5 


6  PREFACE— THIRD  EDITION. 

delinquency  ?  If  so,  what  was  the  best  thing  to  be  done  for 
it?  Having  arrived  at  this  point,  the  problem  may  be 
said  to  have  worked  itself  out.  The  c?reumstanees  that 
would  create  the  above  conditions  were  defined.  The  child 
was  then  made  a  ward  of  the  Court.  A  ward  of  the 
Court  implies  a  Court  with  Equity  Power  and  so  the 
Circuit  and  County  courts  were  selected  to  have  exclusive 
jurisdiction  in  all  children's  cases.  Such  courts  could  not 
permit  to  have  their  wards  locked  in  cells  or  allow  their 
association  with  vicious  or  immoral  persons  or  commit  them 
to  institutions  until  after  a  very  thorough  and  exhaustive 
research  on  the  part  of  the  court.  In  every  case,  the  court 
would  determine  the  disposition  of  the  child  with  the 
thought  in  its  mind  as  to  what  was  the  best  thing  to  do 
with  the  child  under  the  particular  circumstances. 

We  have  treated  only  of  the  origin  and  purposes  of  the 
law.  It  has  not  been  our  intention  to  give  a  complete 
detailed  history  of  the  various  operations  of  the  Court. 
This  would  necessitate  a  review  of  all  the  work  performed 
throughout  the  state. 

In  addition  to  the  origin  of  the  law,  we  have  included 
a  brief  account  of  several  days  spent  in  the  Juvenile  Court, 
showing  the  different  modes  of  treating  the  various  cases 
that  come  before  the  Court.  The  law  as  revised,  as  also  thp 
adult  delinquent  law,  together  with  the  Juvenile  Court 
Blanks,  will  be  found  in  the  latter  part  of  the  book. 

We  have  received  inquiries  from  all  parts  of  th^  world 
asking  for  information  in  regard  to  the  Illinois  Juvenile 
Court  Law,  and  we  feel  that  this  third  edition  will  meet  a 
want  among  Juvenile  Court  workers  throughout  the 
country.  T.  D.  H. 


ORIGIN 
OF  THE 
ILLINOIS 
JUVENILE 
COURT 


TIMOTHY   D.   HURLEY 


ORIGIN  OF  THE 

ILLINOIS  JUVENILE  COURT  LAW 

By  Timothy  D.  Hurley 

First  Chief  Probation  Officer  of  tiie  Cook  County  (Ciiicago),  Illinois,  Juvenile  Court 


HOW  THE  CHILD  LAW  CAME  TO  BE  ENACTED 

The  Juvenile  Court  Law,  it  is  now  conceded,  ranks  as 
one  of  the  most  beneficent  enactments  upon  the  statute 
books  of  Illinois.  The  concession  is  made  not  only  by 
charity  workers  and  by  persons  intimately  associated  with 
practical  child-saving,  but  it  is  also  endorsed  by  the  com- 
munity at  large,  which  watched  with  interest  what  was, 
indeed,  an  unique  experiment,  and  by  members  of  the  legal 
profession,  men  with  trained  minds  and  impartial  judg- 
ments, whose  opinions  are  grounded  upon  concrete  results 
and  not  upon  sentiment. 

An  approval  at  once  universal  and  whole-hearted  is  cer- 
tainly pleasing  to  the  men  and  women  who  conceived  the 
idea  of  making  the  child  problem  a  distinct  and  independ- 
ent department  of  law.  And  this  pleasure  is  enhanced  by 
the  fact  that  this  approval  has  not  been  delayed,  but  has 
been  given  speedily  and  within  a  few  years  from  the  time 
that  Illinois  showed  the  other  states  of  the  Union  how  to 
deal  successfully  with  the  most  difficult  and  delicate  ques- 
tion of  modern  life. 

To  understand  what  has  been  accomplished  under  the 
Juvenile  Court  Law  it  will  be  necessary  to  glance  briefly  at 
the  conditions  existing  before  its  passage.  Until  then  the 
law  viewed  mankind,  its  varied  distinctions  as  to  sex,  age, 
environment  and  mental  equipment  notwithstanding,  as  a 
single  class.  Before  the  bar  of  a  criminal  court  there  was 
9 


10  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

no  difference,  from  the  viewpoint  of  the  law,  between  the 
adult  and  the  infant.  It  is  true  that  in  the  administration 
of  the  law  magistrates,  moved  by  feelings  of  humanity  and 
oftentimes  ignoring  declared  legal  principles,  leaned  to  the 
side  of  mercy  and  sympathy,  and  shaped  their  judgments 
in  accordance  with  charity  and  common  sense,  and 
in  defiance  of  the  medieval  rigor  of  courts  which  were 
often  influenced  by  the  dictates  of  vengeance  for  so-called 
offenses  against  society,  without  taking  into  account  the 
peculiar  circumstances  and  mental  condition  affecting  the 
accused,  who  was  in  truth,  in  too  many  instances,  alas,  more 
sinned  against  than  sinning.  But  for  such  manifestations 
of  humanity  the  law  was  not  to  be  thanked.  The  judge 
followed  the  promptings  of  his  heart  and  not  of  his  head. 
Too  often,  because  of  obsolete  absurdities  which  hampered 
the  law,  what  kindness  dictated  was  in  fact  prohibited  by 
the  cold,  heartless,  unrelenting  canons  of  jurisprudence. 
To  reconcile  this  contradiction,  or  rather  to  abolish  it,  was 
the  task  essayed  by  the  projectors  of  the  juvenile  law. 

To  obtain  a  closer  view  of  the  ludicrous  procedure 
referred  to,  let  us  examine  it  in  detail.  When  charged 
with  a  so-called  criminal  offense — it  might  be  the  stealing 
of  an  apple  which  his  childish  appetite  craved,  or  the 
picking  up  of  a  few  lumps  of  coal  to  warm  shivering 
brothers  and  sisters  at  home — no  matter  what  it  was,  the 
child  was  arraigned  at  the  same  bar,  under  the  same  law, 
with  circumstances  similar,  everyone  of  them,  to  those 
which  would  attend  the  trial  of  the  most  hardened  criminal 
charged  with  the  most  heinous  offense. 

If  a  boy  was  arrested  for  something  which  the  law  books 
termed  a  felony  and  he  was  over  ten  years  of  age,  he  was 
taken  before  the  grand  jury  and  indicted.  Then  he  was 
tried  before  a  petty  jury,  the  theory  being  (oh,  blessed 
reverence  for  precedent  and  Magna  Charta!)  that  the  little 
fellow  should  not  be  deprived  of  his  liberty  without  being 
first  convicted  by  a  jury  of  his  peers.    Imagine  the  solemn 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  11 

farce  of  proceedings  where  the  child  rarely  understood  a 
scintilla  of  their  nature  or  purpose. 

But  he  was  convicted.  The  LAW  convicted  him,  and  the 
LAW  branded  him  with  a  brand  as  indelible  as  if  it  was 
seared  into  his  forehead  with  a  hot  iron.  Henceforward, 
among  men,  he  was  a  CRIMINAL.  No  matter  where  he 
went,  no  matter  how  long  he  lived,  the  foul  taint  of  the 
convict  remained  with  him.  The  LAW,  with  all  the  solem- 
nity of  judge,  jury,  bailiffs  and  frenzy-consumed  prosecu- 
tors, proclaimed  him  a  CRIMINAL — that  is,  an  enemy  to 
organized  society,  and  nothing  short  of  a  miracle  prevented 
the  child  from  growing  up  to  verify  this  description  in  the 
fullest  meaning  possible.  Conviction  for  the  diminutive 
prisoner  meant  ruin — ruin  as  certain  and  unerring  as  if  the 
virus  of  crime  could  be  injected  into  his  childish  blood. 
For  society  it  meant  an  additional  costly  incubus,  another 
enemy  to  be  fought  with  police  and  prisons,  another  zealous 
missionary  in  the  grand  army  of  the  devil. 

And  yet  men  marveled  that  crime  and  criminals,  lock- 
ups, jails,  reformatories  and  penitentiaries  increased  and 
multiplied.  Schools  and  churches  did  not  grow  as  fast  as 
the  gray,  gloomy  bastiles,  the  living  hells  of  lost  souls. 
More  judges,  more  juries,  more  courts,  more  jails  was 
ever  the  cry ;  more  and  more  and  more ;  but  still  the  tide 
of  crime  outstripped  them,  and  no  wonder,  for  costly  penal 
institutions  were  so  many  hatcheries  for  criminals.  The 
youthful  delinquents  of  the  community  were  gathered  into 
them,  where  they  were  shaped  and  fashioned  after  the 
models  of  degeneracy  and  vice. 

Looking  over  the  sad  history  of  punitive  laws  and  puni- 
tive institutions,  it  is  appalling  to  discover  that  the  average 
age  of  the  inmates  in  these  institutions  throughout  the 
world  at  all  times  has  been  under  twenty-five  years.  What 
a  commentary  upon  civilization!  Society  has  to  answer 
for  millions  upon  millions  of  law-made  criminals. 
Qn  the  year  1898,  there  were  575  children  charged  with 


12  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

offenses  confined  in  the  county  jail  of  Cook  county  (Chi- 
cago), Illinois.  There  were  conunitted  to  the  House  of  Cor- 
rection (City  Prison)  of  the  City  of  Chicago,  Illinois,  for  the 
twenty  months  ending  Nov.  1,  1898,  1,983  boys!)  This  num- 
ber does  not  include  repeaters  or  those  who  were  re-com- 
mitted to  the  institution  from  one  to  a  dozen  times.  The 
offenses  for  which  these  boys  were  tried  were  many  and 
various;  petty  thefts,  disorderly  conduct,  killing  birds, 
fighting,  truancy,  stealing  rides  on  the  railroad,  flipping 
street  ears,  and  similar  offenses.  Twenty-five  per  cent  were 
charged  with  truancy.  The  technical  breach  of  the  law 
under  which  these  children  were  committed  to  the  institu- 
tion was  for  violation  of  a  city  ordinance.  A  boy  was 
brought  before  the  Police  Magistrate  and  a  fine  imposed  of 
from  one  dollar  to  one  hundred  dollars.  On  default  of 
payment  of  the  fine,  the  prisoner  was  compelled  to  work  out 
the  same  at  the  rate  of  fifty  cents  per  day.  Conditions 
were  so  bad  that  in  March,  1897,  the  Board  of  Education 
established  a  School  District  in  the  institution  and  named 
the  same  the  John  Worthy  School.  The  boys  were  com- 
pelled to  attend  school  during  certain  hours  of  the  day — 
the  remainder  of  the  time  being  spent  in  the  main  prison 
institution,  locked  in  cells. 

The  Illinois  State  Reformatory  at  Pontiac,  Illinois,  had 
over  three  hundred  boys  under  sixteen  years  of  age  con- 
fined in  that  institution  in  the  year  1898.  These  boys  were 
indicted  and  convicted  of  some  crime  and  committed  to  the 
institution  until  they  became  of  age,  unless  sooner  released. 

The  State  had  long  been  deficient  in  legislation  for  de- 
linquent children.  It  was  one  of  the  few  states  of  the  Union 
which  sent  boys  of  tender  years  to  prison  for  confinement 
with  adults.  Some  little  care  and  attention  had  been  given 
to  neglected  and  dependent  children.  The  law  recognized 
its  obligation  for  the  foundlings  and  had  also  passed  two 
laws  providing  for  the  care,  education  and  maintenance 
for  girls  and  boys  of  the  Industrial  and  Manual  Training 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  13 

school  age.  These  statutes  were  known  as  the  Industrial 
and  Manual  Training  School  laws,  passed  respectively  in 
1879  and  1883.  Ther  great  mass  of  the  children,  however, 
truant,  neglected,  dependent  or  delinquent,  was  entirely 
lost  sight  of  by  the  State.  In  case  the  child  had  property, 
the  courts  were  always  solicitous  about  the  welfare  of  the 
child.  A  guardian  was  appointed,  the  care,  maintenance 
and  education  of  the  child  carefully  supervised  by  the 
guardian  and  complete,  detailed,  comprehensive  reports 
made  from  time  to  time  to  the  court  appointing  such 
guardian,  r     '^f^r^ 

Efforts  had  been  made  from  time  to  time  by  various 
philanthropic  persons  to  remedy  these  conditions.  As 
early  as  1891,  a  bill  was  introduced  in  the  legislature  by 
Hon.  SToseph  A.  O'Donnell,  by  request  of  the  writer  as 
President  of  the  Chicago  Visitation  and  Aid  Society, 
which  provided  that  in  the  case  of  any  child  who  had  not 
proper  parental  care  or  that  was  being  trained  in  vice  and 
crime  by  the  person  or  persons  having  charge  of  it,  or  was 
destitute  and  incapable  of  providing  for  itself,  the  court 
was  authorized  to  commit  the  custody  and  care  of  such 
child  to  any  society  whose  object  was  to  provide  for  such 
children.  This  bill  was  reported  out  by  the  committee  but 
failed  of  adoption.  Other  bills  from  time  to  time  were 
introduced  in  the  Legislature  but  failed  to  become  law. 

The  conditions  were  little  better,  if  any,  in  the  other 
States.  Some  provision  had  been  made  for  the  care  and 
attention  of  the  child  after  conviction,  bat  no  attention  of 
note  had  been  directed  towards  preventing  the  conviction 
of  the  child  of  an  offense. 

Efforts  were  put  forth  in  Massachusetts,  as  early  as 
1736,  to  care  for  the  dependent  and  neglected  children 
Various  statutes  were  passed  in  several  states  along  this 
line  until  1863,  when  the  State  of  Massachusetts  passed  a 
law  separating  the  child  in  court  charged  with  an  offense 
from  the  adult. 


U  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

The  beginning  of  the  movement  for  the  enactment  of 
laws  relating  to  delinquent  children,  under  the  leadership 
of  that  able  defender  of  children,  E.  Fellow  Jenkins,  was 
put  forth  by  the  Society  for  the  Prevention  of  Cruelty  to 
Children  in  New  York  City.  As  early  as  1877,  this  society 
secured  the  passage  of  a  law  by  the  New  York  Legislature, 
providing  that:  "Any  child  under  restraint  or  conviction, 
actually  or  apparently  under  the  age  of  sixteen  years,  shall 
not  be  placed  in  any  prison  or  place  of  confinement,  or 
in  any  court-room,  or  in  any  vehicle  for  transportation, 
in  company  with  adults  charged  or  convicted  of  crime,  ex- 
cept in  the  presence  of  proper  officials."  This  was  the 
first  concise  law  passed  in  the  United  States  to  separate 
children  from  adult  offenders. 

In  1884,  this  same  society  secured  the  passage  of  a  State 
Law  in  New  York,  relating  to  the  probation  or  parole  of  a 
child.  This  law,  in  part,  is  as  follows:  "When  a  person 
under  the  age  of  sixteen  years  is  convicted  of  a  crime 
he  may,  in  the  discretion  of  the  court,  instead  of  being 
sentenced  to  fine  or  imprisonment,  be  placed  in  charge  of 
any  suitable  person  or  institution  willing  to  receive  him." 

In  1886,  the  same  legislature  passed  a  law  authorizing 
societies  to  receive  and  retain  any  child  at  its  own  expense 
and  also  permitting  the  societies  to  be  appointed  as  guar- 
dian of  children.  This  law  was  passed  to  enable  the  So- 
ciety for  Prevention  of  Cruelty  to  Children  to  assume  jur- 
isdiction over  and  legal  control  of  children  placed  in  its 
charge. 

A  new  section  was  added  to  the  penal  code  in  New  York 
in  1892,  at  the  suggestion  of  the  same  society,  relating  to 
juvenile  or  children's  courts.  This  law  provided:  "All 
cases  involving  the  commitment  or  trial  of  children  for 
any  violation  of  the  penal  code,  in  any  police  court  or 
court  of  special  sessions,  may  be  heard  and  determined 
by  such  court,  at  suitable  times  to  be  designated  therefor 
by  it,  separate  and  apart  from  the  trial  of  other  criminal 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  15 

cases,  of  which  session  a  separate  docket  and  record  shall 
be  kept." 

The  State  Board  of  Lunacy  and  Charity  of  i\Iassachu~ 
setts,  for  years  previous  to  1891,  under  the  law  were 
notified  of  every  criminal  action  against  a  child  and  were 
empowered  to  investigate  the  charge  and  to  be  present  at 
the  trial  and  to  make  such  recommendations  to  the  Judge, 
as  might  seem  best.  In  the  latter  year,  an  act  was  passed 
establishing  probation  officers  in  Massachusetts.  These 
officers  were  appointed  by  each  justice,  police  or  district 
court.  Their  duties,  as  defined  by  the  statute,  were: 
''Each  probation  officer  shall  inquire  into  the  nature  of 
every  criminal  case  brought  before  the  court,  under  whose 
jurisdiction  he  acts,  and  may  recommend  that  any  person 
convicted  by  said  court  may  be  placed  upon  probation; 
the  court  may  place  the  person  so  convicted  in  the  care 
of  said  probation  officer,  for  such  time  and  upon  such  con- 
ditions as  may  seem  proper." 

Such  were  the  conditions  of  the  laws  throughout  the 
country  in  the  year  1898,  when  the  charitable  people  of 
the  State  of  Illinois  were  aroused.  The  Board  of  State 
Commissioners  of  Public  Charities,  having  made  a  com- 
plete and  comprehensive  study  of  the  charitable  institu- 
tions, decided  to  take  some  positive  action  in  regard  to  the 
better  care  and  attention  of  the  children.  A  complete  and 
intelligent  report  was  made  to  Governor  Tanner  by  the 
Board,  recommending  certain  changes  in  the  law. 

Mr.  Ephraim  Banning,  a  member  of  the  Board  of  State 

Commissioners  of  Public  Charities  of  Illinois,  during  the 

year  1898,  commenting  on  the  work,  writes  as  follows : 

"My  Dear  Mr.  Hurley:  In  answer  to  your  inquiry  in  regard 
to  the  History  of  tlie  Juvenile  Court,  as  I  recollect  it,  I  became 
interested  through  the  State  Board  of  Charities.  In  our  work 
as  members  of  the  State  Board  of  Charities,  Miss  Lathrop  and 
myself  had  to  meet  the  delinquent  and  defective  child  question; 
and  this  led  to  frequent  consultations  in  our  board  meetings.  As 
a  result,  I  was  asked  to  take  the  matter  up  with  the  Chicago  Bar 
Association  and  I  did  this  by  the  introduction  of  a  resolution 
providing  for  the  appointment  of  a  committee  to  take  up  the 


16  ORIGIN  OF  THE  JUVENILE  COJRT   LAW. 

work  of  securing  legislation,  etc.  The  sentiment  previously 
existing,  the  practical  v.'ork  of  this  committee  was  to  crystallize 
it  in  such  way  as  to  secure  legislative  action.  As  one  of  the  first 
steps,  I  had  a  personal  consultation  with  Gov.  Tanner,  in  which 
the  subject  was  gone  over  very  fully  and  at  the  close  of  which 
he  promised  to  use  his  influence  in  favor  of  our  work — in  short 
to  make  the  bill  an  administrative  measure.  I  also  had  a  sim- 
ilar Interview  with  Speaker  Sherman  and  he  promised  his  hearty 
co-operation.  As  I  recollect,  similar  interviews  were  had  by 
other  members  of  the  committee,  but  I  only  speak  of  those  to 
which  I  was  a  party  personally.  As  you  will  remember,  I  was 
repeatedly  at  Springfield  with  yourself  and  Mr.  Hurd  u,nd  others 
to  present  the  matter  to  committees,  etc." 

Mr.  Banning,  in  accordance  with  his  instruction,  pre- 
sented the  matter  to  the  Chicago  Bar  Association  at  its 
annual  meeting,  October  22,  1898.  George  A.  FoUansbee, 
president  of  the  association,  was  in  the  chair.  George 
Mills  Rogers  acted  as  secretary.  IMr.  Banning 's  resolution, 
which  was  adopted,  was  as  follows : 

"WHEREAS,  the  State  of  Illinois  and  the  city  of  Chicago, 
are  lamentably  deficient  in  proper  care  for  delinquent  children, 
accused  or  convicted  of  violation  of  law,  lacking  many  of  those 
reformatory  institutions  which  exist  in  other  progressive  states 
of  the  union;  and 

"WHEREAS,  children  accused  of  crime  are  kept  in  the  com- 
mon jails  and  police  stations,  and  children  convicted  of  misde- 
meanors, are  sentenced  to  the  bridewell,  where  they  are  kept  in 
immediate  association  with  drunkards,  vagabonds  and  thieves; 
and 

"WHEREAS,  the  judges  having  charge  of  the  trial  of  chil- 
dren in  our  courts  are  so  overburdened  with  other  work  as  to 
make  it  difficult  to  give  due  attention  to  the  cases  of  children, 
particularly  those  of  the  de>pendefit  and  neglected  classes;    and 

"WHEREAS,  the  State  of  Illinois  makes  no  provision  for  the 
care  of  most  of  the  children  dependent  upon  the  public  for  sup- 
port, other  than  the  public  almshouse — unlike  many  neighboring 
states  which  have  long  ago  passed  laws  prohibiting  the  keeping 
of  children  in  public  almshouses: 

"RESOLVED,  that  the  president  of  this  association  appoint 
a  committee  of  five  of  its  members  to  investigate  existing  condi- 
tions relative  to  delinquent  and  dependent  children,  and  to  co- 
operate v/ith  committees  of  other  organizations  in  formulating 
and  securing  such  legislation  as  m.ay  be  necessary  to  cure  exist- 
ing evils  and  bring  the  State  of  Illinois  and  the  City  of  Chicago 
up  to  the  standard  of  the  leading  states  and  cities  of  the  union." 

The     President    appointed    the    following    committee: 

Ephraim  Banning,  Harvey  B.  Hurd   (deceased),  Edwin 

Burritt  Smith  (deceased),  John  W.  Ela  (deceased),  and 


HON.   R.   S.   TUTHILL 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  17 

Merritt  Starr.  This  was  the  first  concise  action  taken  by 
any  person  or  association  inagurating  the  movement  which 
resulted  in  the  enactment  of  the  Juvenile  Court  law. 

One  of  the  most  active  and  energetic  workers  for  years 
in  the  children's  cause  has  been  Mrs.  Lucy  L.  Flower. 
She  had  as  much  to  do  with  the  drafting  of  the  Juvenile 
Court  Law,  the  Parental  School  Law,  the  St.  Charles  School 
for  Boys  and  other  laws  as  any  other  person  in  the  state. 
She  not  only  assisted  in  preparing  the  bills  that  were  intro- 
duced in  the  legislature,  but  systematically  and  in  a  very 
business-like  way  kept  in  close  touch  with  every  movement 
relating  to  the  bills  from  their  inception  until  they  became 
laws.  It  was  her  suggestion  that  as  bills  relating  to  the 
children's  cause  were  legal  measures  they  should  be  left 
solely  to  lawyers  who  could  explain  difficult,  technical  ques- 
tions to  the  members  of  the  Senate  and  the  House. 

Immediately  upon  the  Juvenile  Court  being  organized 
it  was  Mrs.  Flower  who  at  once  proposed  the  plan  of  Volun- 
teer Probation  Officers.  In  addition  to  the  volunteers 
she,  in  connection  with  the  writer,  collected  sufficient 
funds  to  pay  for  the  services  of  probation  officers  who  de- 
voted their  entire  time  and  attention  to  the  court.  After 
consultation  with  His  Honor  Judge  Tuthill,  who  had  charge 
of  the  Juvenile  Court,  a  request  was  made  upon  His  Honor, 
Mayor  Carter  H.  Harrison,  for  the  assignment  of  Police 
Probation  Officers  who  would  be  detailed  from  the  various 
police  districts  and  dress  in  plain  clothes.  These  police  pro- 
bation officers,  some  thirty  in  number,  have  been  one  of  the 
most  effective  agencies  of  the  Court  and  have  at  all  times 
been  relied  upon  by  the  Judge  as  one  of  the  strongest  and 
most  effective  influences  for  good  in  the  court. 

Mrs.  Flower,  commenting  on  the  history  of  the  Juvenile 
Court,  writes  as  follows: 

"My  Dear  Mr.  Hurley:  Governor  Altgeld  is  entitled  in  a  great 
measure  to  the  credit  for  the  adoption  of  the  Juvenile  Court  Law 
by  his  appointing  a  woman,  Miss  Julia  Lathrop,  on  the  State 
Board  of  Charities.  Up  to  that  time,  Visitation  of  State  and  Coun- 
ty Institutions  had  been  largely  perfunctory,  done  almost  entirely 
by  the  secretary  of  the  Board  and  limited  in  the  main  to  the  State 
Institutions.  Miss  Lathrop  determined  to  visit  and  see  for  herself 
and  in  the  course  of  the  work  she  went  to  every  jail  and  poor 
house  in  the  State,  even  in  the  most  out-of-the-way  localities.  She 
was  shocked  at  the  conditions  she  found,  young  children  shut 


18  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

up  with  the  most  depraved  adults  and  being  trained  in  crime 
instead  of  being  kept  away  from  it.  She  determined  not  to  rest 
until  some  remedy  for  these  conditions  was  found. 

"Previous  to  this,  a  bill  had  been  drafted  for  the  benefit  of 
Chicago  children,  including  in  its  provisions  a  probation  system 
and  the  trial  of  all  children's  cases  in  the  city  by  a  Superior  Court 
judge  and  not  by  a  police  justice.  This  bill  was  submitted  to 
Mr.  S.  S.  Gregory,  and  the  latter  provision  was  pronounced  uncon- 
stitutional. Miss  Lathrop  went  to  Judge  Hurd  to  ask  his  advice, 
but  he  was  disinclined  to  take  up  the  matter,  saying  it  would 
take  too  much  time  to  study  and  that  he  was  too  busy.  That 
he  finally  agreed  to  do  it  was,  I  think,  entirely  owing  to  the 
influence  of  Miss  Lathrop  and  the  interest  she  aroused  in  him 
by  her  statements  of  what  she  herself  had  seen  in  the  jails 
throughout  the  state. 

"At  that  time  Miss  Lathrop  said  to  me:  'This  is  a  legal 
matter.  It  must  not  go  to  the  Legislature  as  a  woman's  measure; 
we  must  get  the  Bar  Association  to  handle  it.'  Through  Mr.  Ban- 
ning, who  was  her  associate  on  the  Board  and  much  interested, 
the  matter  was  brought  before  the  Bar  Association  and  a  com- 
mittee was  appointed,  but,  before  this  was  done  the  committee  was 
selected  with  the  advice  of  Judge  Hurd  and  Mr.  Banning.  Miss 
Lathrop  saw  every  one  mentioned  and  secured  promises  of  accept- 
ance. It  was  the  understanding  that  Judge  Hurd  would  draft 
the  bill. 

"During  all  the  time  that  the  form  of  the  bill  was  under  con- 
sideration and  while  it  was  before  the  Legislature,  Miss  Lathrop 
was  unintermitting.  Hundreds  of  letters  were  written  and  visits 
made,  to  bring  the  influence  of  County  oflBcials  in  the  State  and 
of  friends  she  had  made  in  her  visits  to  the  counties  to  bear  on 
the  members  of  the  Legislature." 

Shortly  after  the  appointment  of  this  committee  by  the 
Bar  Association  a  meeting  was  called  by  Mr,  Banning, 
chairman  of  the  committee,  in  his  law  office,  and  Judge 
Harvey  B.  Hurd  was  unaniomusly  appointed  as  a  sub- 
committee of  one  to  prepare  a  bill  covering  the  entire  sub- 
ject which  was  to  be  presented  to  the  Legislature,  in  the 
January  following.  Judge  Hurd  immediately  called  upon 
the  writer  in  the  office  of  the  Visitation  and  Aid  Society, 
and  stated  to  him  that  he  had  been  delegated  to  prepare 
certain  laws  relating  to  children's  work;  that  he  (Judge 
Hurd),  had  had  too  much  experience  in  legislative  proced- 
ure to  undertake  this  work  alone,  and,  inasmuch  as  the 
Visitation  and  Aid  Society  had  been  trying  to  procure 
legislation  along  this  line,  that  he  would  like  very  much 


ORIGIN  OP  THE  JUVENILE  COURT  LAW.  19 

if  the  Society,  representing  the  great  Catholic  interest, 
would  join  with  him  in  the  work. 

He  referred  particularly  to  the  bill  that  was  introduced 
in  the  Legislature  at  the  request  of  the  Society  in  1891. 
In  outlining  his  work  he  stated  that  there  was  plenty  of 
work  for  all  societies,  nationalities  and  creeds;  that  there 
was  no  reason  why  all  should  not  co-operate  and  prepare  a 
bill  that  would  meet  with  the  endorsement  of  all  persons, 
societies,  institutions  and  churches.  If  such  a  bill  could  be 
prepared,  and  he  saw  no  reason  why  it  could  not,  there 
was  no  question,  on  account  of  the  public  demand  for 
such,  that  the  Legislature  would  pass  the  bill.  The  officers 
of  the  Visitation  and  Aid  Society  pledged  their  hearty 
support  as  a  society  and  as  individual  members  thereof, 
both  morally  and  financially,  to  co-operate  with  Judge 
Hurd  in  all  his  efforts. 

It  is  a  pleasure  to  the  writer  to  remember  that  Judge 
Hurd,  the  "Father  of  the  Juvenile  Court  Law,"  now 
passed  to  his  heavenly  reward,  relied  upon  him  at  all  times 
as  his  principal  supporter,  not  only  in  the  original  draft 
of  the  Juvenile  Court  Bill,  but  in  the  subsequent  amend- 
ments made  thereto.  At  the  suggestion  of  Judge  Hurd  the 
charge  in  the  Legislature  of  the  original  Juvenile  Court 
Bill  was  assigned  to  the  writer.  The  same  policy  was  fol- 
lowed in  all  subsequent  children's  legislation.  The  Visita- 
tion and  Aid  Society  has  been  recognized  for  years  as  a 
potential  factor  in  the  interest  of  child  legislation  in  Illi- 
nois. 

The  members  of  the  State  Board  of  Charities  were  not 
satsified  with  leaving  the  matter  to  the  Bar  Association,  but 
continued  their  good  work  and  interested  various  individ- 
uals, societies  and  associations  engaged  in  children's  work. 

The  State  Conference  of  Charities  was  appealed  to  and 
at  its  session  held  in  Kankankee,  Illinois,  Nov.  16  and  17, 
1898,  the  program  was  devoted  especially  to  the  children's 
cause.     Dr.  Frederick  Howard  Windes,  Secretary  of  the 


20  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

State  Board  of  Charities,  addressing  the  conference,  said: 
"We  are  making  criminals  out  of  children  who  are  not 
criminals,  by  treating  them  as  if  they  were  criminals." 
He  pleaded  for  a  system  of  jurisprudence,  which  would 
entirely  separate  the  children  from  adults.  He  insisted 
on  a  children's  judge,  who  should  attend  to  no  other  busi- 
ness, a  separate  place  of  detention  for  the  children  other 
than  a  prison.  He  cited  the  New  York  Society  for  the  Pre- 
vention of  Cruelty  to  Children,  showing  that  the  children 
were  turned  over  to  this  society  for  care  and  protection. 
He  further  pleaded  and  insisted  that  the  child  in  each  case 
should  have  a  friend  in  court  to  look  after  its  interests. 
The  probation  system  of  Massachusetts  was  also  cited. 

Mr.  Robert  M.  Smith,  Superintendent  of  the  John 
Worthy  School  of  the  House  of  Correction  (City  Prison), 
Chicago,  addressed  the  conference  on  the  boys  in  city 
prisons.  He  showed  that  the  boys  committed  to  the  House 
of  Correction  were  compelled  to  attend  the  .John  Worthy 
School  and  while  separated  from  the  adults  during  the 
day  were  returned  to  the  prison  cells  at  night.  He  objected 
strenuously  to  the  fine  system  and  pleaded  for  a  Juvenile 
Court  where  all  children's  cases  could  be  heard. 

Mr.  Carl  Kelsey,  of  the  Children's  Home  and  Aid  So- 
ciety, gave  an  extended  and  interesting  address  on  the  pro- 
bation system  of  Massachusetts.  Mrs.  Lucy  Flower,  Miss 
Julia  Lathrop,  Mr.  Hastings  H.  Hart,  Mr.  Bicknell  and 
others  addressed  the  conference  in  the  same  strain. 

A  comanittee  was  appointed  to  co-operate  with  other 
societies  and  institutions,  having  in  view  the  draft  of  a  bill 
which  would  be  presented  to  the  Legislature  at  the  follow- 
ing session  in  January,  1899. 

Reports  and  papers  dealing  with  the  child  problem  being 
circulated  promiscuously  by  the  conference  aroused  the 
attention  of  the  charity  workers  of  Illinois.  While  the 
Bar  Association,  the  State  Conference  of  Charities  and 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  21 

other  societies  were  agitating  the  qiiestions,  private  individ- 
uals were  at  work.  Principally,  Mr.  Frank  0.  Soule,  en- 
gaged in  the  Life  Insurance  business,  who  became  interest- 
ed in  the  work  after  hearing  a  sermon  delivered  at  one 
of  the  North  Side  churches  in  which  the  pastor  said :  * '  The 
Christian  people  of  Chicago  are  too  busy  making  money 
to  care  what  becomes  of  the  unfortunate  children."  With 
this  thought  in  mind,  he  visited  the  John  "Worthy  School 
in  the  House  of  Correction  of  Chicago,  accompanied  by  his 
wife,  and  interviewed  a  number  of  the  boys  who  were  con- 
fined in  the  institution  on  small  fines,  the  ages  of  the  boys 
ranging  from  eleven  to  sixteen  years  of  age.  On  his  appeal 
to  Mayor  Harrison,  several  of  these  boys  were  pardoned. 
In  stating  his  experience  to  the  writer,  Mr.  Soule  said : 

"I  was  filled  with  a  desire  to  find  a  better  plan  of  correction 
to  offer  and  then  if  possible  to  start  a  campaign  against  the 
criminal  treatment  of  these  unfortunate  children  which  would 
effect  a  prompt  and  radical  change.  I  soon  saw  that  this  could 
be  done  only  by  new  legislation. 

"Ignorant  of  the  repeated  efforts,  which  had  already  been  put 
forth  along  this  line  I  began,  at  the  City  Library,  a  nightly  study 
of  the  child-laws  of  other  states.  I  secured  from  several  states 
copies  of  those  laws  in  which  I  found  suggestions  of  value  to 
our  own  state.  I  was  attracted  by  the  'Probation  Officer'  idea, 
as  used  in  a  limited  manner  in  Massachusetts,  and  by  the  idea 
of  a  separate  hearing  in  juvenile  cases  in  New  York. 

"I  met  Judge  Harvey  B.  Hurd  upon  the  street  one  afternoon. 
Introducing  myself  I  told  him  of  my  anxiety  to  assist  in  stopping 
the  city's  disgraceful  treatment  of  the  boys  at  the  House  of 
Correction.  He  immediately  invited  me  up  to  his  office,  where 
I  learned  from  him  a  history  of  the  various  efforts  which  had 
been  made  in  the  interest  of  the  children.  He  told  of  the  com- 
mittee appointed  by  the  Bar  Association,  of  which  he  was  chair- 
man and  which  had  met  but  once  and  had  done  nothing  further 
than  to  discuss  the  subject  in  a  general  way.  I  learned  that 
the  Civic  Federation  was  beginning  to  inquire  into  existing 
conditions  and  that  the  Women's  Clubs  had  long  been  calling 
for  reforms.  He  told  me  of  the  bill  introduced  in  the  Legisla- 
ture by  the  officers  of  the  Visitation  and  Aid  Society,  in  1891, 
for  the  authorization  and  regulation  of  child-saving  societies, 
and  of  your  years  of  activity  in  behalf  of  the  children  as  Presi- 
dent of  the  Visitation  and  Aid  Society.  He  spoke  of  Dr.  Hart, 
Superintendent  of  the  Illinois  Children's  Home  and  Aid  Society, 
and  of  his  long  experience  as  Superintendent  of  the  Minnesota 
State  Board  of  Corrections  and  Charities  and  as  General  Secre- 
tary of  the  National  Conference  of  Charities  and  Corrections. 


22  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

He  considered  the  advice  and  co-operation  of  you  two  gentlemen 
absolutely  necessary  to  the  success  of  the  proposed  bill.  It  was 
decided  to  invite  you  and  a  few  others  to  a  conference  upon 
the  subject." 

The  meeting  referred  to  by  Mr.  Soule  was  held  in 
Judge  Kurd's  office,  No.  94  Washington  street,  Chicago, 
December  10,  1898.  There  were  present-,  Hon,  Harvey  B. 
Hurd,  Mrs.  Lucy  L.  Flower,  Miss  Julia  C.  Lathrop  of  the 
State  Board  of  Charities,  President  T.  D.  Hurley  of  the 
Visitation  and  Aid  Society,  Hastings  H.  Hart,  LL.  D., 
Superintendent  of  the  Illinois  Children's  Home  and  Aid 
Society,  State  Representative  John  C.  Newcomer,  who  had 
been  selected  to  introduce  the  bill  in  the  House  when  com- 
pleted; Superintendent  A.  G.  Lane  of  the  Public  Schools, 
County  Jailor  John  L.  Whitman,  Mr.  Carl  Kelsey  from 
Dr.  Hart's  office  and  Frank  G.  Soule.  The  meeting  was 
called  to  order  by  Mr.  Hurley,  who  nominated  Judge  Hurd 
as  chairman.  Following  his  election  Dr.  Hart  was  elected 
secretary. 

From  the  suggestions  offered  and  the  data  supplied  him 
and  from  his  own  ripe  experience,  Secretary  Hart  was 
enabled  in  a  few  days  to  furnish  Judge  Hurd  with  his 
first  draft  of  a  bill.  It  contained  ten  sections  and  was 
found  to  embody  quite  fully  the  proposed  provisions. 
However,  it  was  returned  to  Dr.  Hart  with  a  number  of 
additional  suggestions  and  was  re-written  by  him  under 
fourteen  sections.  Then,  after  three  weeks  of  the  most 
critical  attention  by  Judge  Hurd  and  his  assistant  to  every 
word  and  sentence  the  bill  contained,  after  repeated  con- 
ferences with  Mr.  Hurley,  representing  the  Catholic  church 
and  societies;  with  Dr.  Hart,  representing  the  Non-Catho- 
lic societies;  with  Representative  Newcomer  and  with  the 
officials  of  public  and  private  institutions  interested,  the 
bill  was  finally  completed,  with  an  addition  of  seven  more 
sections,  making  a  total  of  twenty-one.  It  was  then  decided 
to  announce  it  as  the  Bar  Association  Bill  and  the  com- 
mittee from  that  body  very  willingly  endorsed  it. 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  23 

A  copy  was  then  taken  to  County  Judge  Orrin  N. 
Carter  for  his  opinion  upon  its  various  provisions.  He 
returned  it  with  his  hearty  endorsement  and  congratula- 
tions. About  this  time,  January  14,  1899,  the  judges  of 
the  various  courts  were  entertained  at  luncheon  by  Mrs. 
Lucy  L.  Flower  and  her  associates  of  the  Every  Day  club. 
During  the  conference  which  followed,  the  jurists  strongly 
protested  against  the  then  existing  conditions  at  the  Bride- 
well and  urged  the  establishment  of  suitable  homes  where 
the  "youthful  offenders  would  not  be  educated  to  follow  in 
the  paths  of  their  degenerate  companions."  That  same 
afternoon  the  new  bill  was  given  to  the  press  and  a  copy 
forwarded  to  Representative  Newcomer  at  Springfield  for 
presentation  to  the  Legislature  and  to  Senator  Case  for 
introduction  in  the  Senate. 

Anxious  days  followed  its  introduction  and  a  valiant 
fight  was  made  in  its  behalf  at  Springfield  by  Judges  Hurd 
and  Carter,  Representative  Newcomer,  Mr.  Ephraim  Ban- 
ning and  the  writer.  Little  fear  was  entertained  for  the 
defeat  of  the  bill  when  the  justice  of  the  measure  and  the 
sincerity  of  its  champions  were  remembered.  This  is  a 
hurried  review  of  the  events  leading  up  to  the  enactment 
of  the  Juvenile  Court  Law  of  Illinois,  which  the  late  Judge 
Tuley  pronounced  "the  greatest  law  ever  enacted  by  the 
State  of  Illinois,  effecting  more  good  in  one  year  than  the 
Criminal  Court  by  punishment  could  effect  in  twenty 
years. ' ' 

In  the  preparation  of  the  bill,  great  care  was  given  to 
eliminate  in  every  way  the  idea  of  a  criminal  procedure. 
The  law  was  expressly  framed  to  avoid  treating  a  child  as 
a  criminal.  To  this  end  the  proceedings  were  divested  of 
all  the  features  which  attached  to  a  criminal  proceeding. 
Instead  of  a  complaint  or  indictment,  a  petition  was  sug- 
gested; instead  of  a  warrant,  a  summons.  The  child  was 
not  to  be  arrested  but  brought  in  by  the  parent  or  guar- 
dian, or  by  a  probation  officer.    The  bill  expressly  forbade 


24  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

keeping  a  child  in  any  jail  or  enclosure  where  adults  were' 
confined.  When  the  child  was  brought  into  court,  the  in- 
quiry was  with  reference  to  the  condition  of  the  child.  Is 
there  a  condition  of  dependency,  or  a  condition  of  delin- 
quency or  truancy?  Instead  of  a  prosecutor,  there  was  to 
be  a  probation  officer,  who  was  there  not  to  convict  the 
child  but  to  represent  its  interests.  Instead  of  a  jury  of 
twelve  men,  a  jury  of  six  men,  or  no  jury  at  all. 

The  child  was  not  to  be  convicted,  but  was  to  be  found 
dependent  or  found  delinquent  or  truant,  or  discharged. 
The  child  was  not  to  be  sentenced  to  a  reformatory  or 
prison,  but  committed  to  the  care  of  a  probation  officer  or 
to  the  care  of  a  friendly  institution.  All  the  proceedings 
were  to  be  informal.  The  strict  rules  of  evidence  were  not 
to  be  adhered  to;  the  effort  being,  first  to  find  out  what 
was  the  best  thing  to  be  done  for  the  child,  and  second,  if 
possible,  to  do  it.  It  will  be  seen  at  once  that  this  proced- 
ure contemplated  a  complete  change;  instead  of  punish- 
ment and  reformation,  it  was  formation.  The  procedure 
contemplated  care,  attention  and  formation,  rather  than 
reformation.  In  short,  the  Chancery  practice  was  supple- 
mented for  that  of  the  criminal. 

The  Bill  was  finally  presented  in  the  House  of  Represen- 
tatives at  Springfield,  111.,  on  February  7,  by  Representa- 
tive John  C.  Newcomer,  and  known  as  House  Bill  No.  327. 
The  same  Bill  was  also  introduced  in  the  Senate  by  Senator 
Case,  on  February  15,  and  known  as  Senate  Bill  No.  269. 
Both  bills  were  referred  to  the  committees  on  Judiciary, 
Senate  and  House. 

Through  the  courtesy  of  Representative  Newcomer,  the 
writer  arranged  for  a  joint  meeting  of  the  judiciary  com- 
mittees of  the  Senate  and  House,  which  was  held  in  the 
Judiciary  Room  of  the  House  at  Springfield  on  March  9, 
1899,  Representative  Charles  Allen  of  Hoopeston,  111., 
being  in  the  chair.  Both  Senate  and  House  bill  were  con- 
sidered by  the  joint  committee  and  discussed  by  Judges 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  25 

Harvey  B.  Hurd,  Orrin  N.  Carter,  Ephraim  Banning,  Hon. 
Thos.  C.  MacMillan  and  the  writer. 

Mr.  Banning,  representaing  the  State  Board  of  Charities, 
pleaded  for  a  formal  and  more  careful  investigation  and 
care  of  the  children  of  the  State.  Judge  Hurd  spoke  on 
the  constitutionality  of  the  bill  and  stood  sponsor  for  the 
same. 

Judge  Carter,  who  was  then  County  Judge  of  Cook 
County,  related  in  detail  his  experience  in  the  County 
Court  in  reference  to  the  care  of  the  dependent  cases,  and 
informed  the  committee  that  under  the  law  he  was  not  able, 
because  of  statutory  provisions,  to  care  for  one-half  of  the 
children  that  came  under  his  jurisdiction ;  the  law  at  that 
time  being  solely  in  the  interests  of  the  Industrial  and 
Manual  Training  School  for  Children.  No  provision  was 
made.  Judge  Carter  pointed  out,  for  the  great  mass  of  de- 
pendent children,  no  attention  whatever  being  given  from  a 
parental  standpoint  to  the  delinquent  cases. 

The  writer,  representing  the  charity  societies,  informed 
the  committee  that  he  had  under  his  care  and  disposition 
during  his  work  with  the  Visitation  and  Aid  Society,  at 
least  twenty  thousand  children.  No  supervision  was  re- 
quired of  his  society  nor  did  he  have  to  account  to  the  State 
authorities  or  any  agency  for  the  disposition  of  these  chil- 
dren. The  committee  was  told  that  practically  all  of  these 
children  were  neglected  and  could  be  taken  down  to  the 
lake  and  the  person  having  them  in  charge  could  come  back 
alone  without  any  questions  being  asked  of  him,  were  it 
not  for  the  fact  that  in  drowning  the  children  a  crime 
would  be  committed.  The  state  stood  idly  by,  he  said, 
giving  no  thought  or  attention  to  the  care,  maintenance, 
training  and  education  of  the  child.  Only  when  the  child 
committed  some  offense,  did  the  state  take  cognizance  of 
his  existence,  and  then  proceed  to  make  a  criminal  of  him 
by  placing  him  in  jails  and  penitentiaries. 

The  Chairman  of  the  Committee  thereupon  announced 


26  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

that  the  Legislature  would  see,  being  satisfied  with  the  con- 
stitutionality of  the  act,  that  all  societies  and  institutions 
hereafter  would  report  to  some  responsible  body  as  to 
their  disposition  of  children. 

The  Bill  was  amended  in  some  minor  particulars  and 
unanimously  reported  out  of  the  committee  with  a  recom- 
mendation that  it  do  pass, 

TEXT  OF  THE  FIRST  JUVENILE  COURT  BILL 

The  Bill  and  the  Amendments  are  as  follows: 
41st  Asem.    SENATE— No.  269,  Feb.,  1899. 

1.  Introduced  by  Mr.  Case,  Feb.  15,  1899. 

2.  Read  first  time,  ordered  printed  and  referred  to 
Committee  on  Judiciary. 

A  BILL 

For  an  act  to  regulate  the  treatment  and  control  of  de- 
pendent, neglected  and  delinquent  children. 
Be  it  enacted  by  the  People  of  the  State  of  Illinois  rep- 
resented in  the  General  Assembly: 

Section  1.  (Definitions.)  This  act  shall  apply  only  to 
children  under  the  age  of  sixteen  years  not  inmates  of  a 
State  institution,  or  some  institution  incorporated  under 
the  laws  of  this  state.  For  the  purposes  of  this  act  the 
words  dependent  child  and  neglected  child  shall  mean  any 
child  who  for  any  reason  is  destitute  or  homeless  or  aban- 
doned; or  dependent  upon  the  public  for  support;  or  who 
habitually  begs  or  receives  alms;  or  who  is  found  living 
in  any  house  of  ill  fame  or  with  any  vicious  or  disreputable 
person;  or  whose  home,  by  reason  or  neglect,  cruelty  or 
depravity  on  the  part  of  its  parents,  guardian  or  other 
person  in  whose  care  it  may  be,  is  an  unfit  place  for  such 
a  child;  and  any  child  under  the  age  of  eight  years,  who 
is  found  peddling  or  selling  any  article  or  singing  or  play- 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  27 

ing  any  musical  instrument  upon  the  street  or  giving  any- 
public  entertainment. 

The  words  delinquent  child  include  any  child  under  the 
age  of  sixteen  years  who  violates  any  law  of  this  State  or 
any  city  or  village  ordinance.* 

The  word  child  or  children  may  mean  one  or  more  chil- 
dren and  the  word  parent  or  parents  may  be  held  to  mean 
one  or  both  parents  when  consistent  with  the  intent  of  this 
act. 

The  word  association  shall  include  any  corporation 
which  includes  in  its  purposes  the  care  or  disposition  of 
children  coming  within  the  meaning  of  this  act. 

Amend  Section  1  by  inserting  after  the  word  "not"  in 
the  second  line,  the  following:  "now  or  Jiereafter." 

Also  by  inserting  in  the  third  line  after  the  words  "State 
institution"  the  words  "or  any  training  school  for  boys  or 
industrial  for  girls." 

Amendment  proposed  by  Mr.  0.  L.  Dudley,  Superin- 
tendent of  Illinois  Manual  Training  School  Farm  (Glen- 
wood). 

Also  by  inserting  in  line  4  after  the  word  "State"  the 
following:  "Except  as  provided  in  Sections  thirteen  (13) 
and  nineteen  (19)." 

Amendment  proposed  by  Judge  Hurd, 

Also  by  inserting  in  line  7  after  the  word  "support" 
the  words  "or  has  not  proper  parental  care  or  guardian- 
ship." 

Amendment  proposed  by  Timothy  D.  Hurley. 

Sec.  2.  (Jurisdiction.)  The  circuit  and  county  courts 
of  the  several  counties  in  this  State,  shall  have  original 
jurisdiction  in  all  eases  coming  within  the  terms  of  this 
act.  Proceedings  under  this  act  shall  conform  as  nearly 
as  may  be  to  the  practice  in  chancery :  PROVIDED,  that 
in  cases  where  a  criminal  offense  is  charged,  the  accused 


•This  definition  of  Delinquency  has  been  amplified,  and  at  present 
Includes  any  incorrigible  child. 


28  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

shall  have  the  right  to  a  trial  by  jury.  When  a  case  is 
being  heard,  all  persons  not  officers  of  the  court  or  wit- 
nesses, and  those  having  a  direct  interest  in  the  case  being 
heard,  shall  be  excluded  from  the  court  room. 

Amend  Section  2  hy  strikmg  out  all  of  the  Section  after 
the  word  "act"  where  it  first  occurs  in  line  4  and  insert- 
ing the  following:  "In  all  trials  under  this  act  any  person 
interested  therein  may  demand  a  jury  of  six  or  the  judge 
of  his  own  motion  may  order  a  jury  of  the  same  number  to 
try  the  case." 

Amendment  proposed  by  Judge  Hurd  and  Timothy  D. 
Hurley. 

Sec.  3.  (Juvenile  Court.)  In  counties  having  over 
500,000  population,  the  judges  of  the  circuit  court  shall, 
at  such  times  as  they  shall  determine,  designate  one  or 
more  of  their  number,  whose  duty  it  shall  be  to  hear  all 
cases  coming  under  this  act.  A  special  court  room  to  be 
designated  as  the  juvenile  court  room,  shall  be  provided 
for  the  hearing  of  such  cases,  and  the  findings  of  the  court 
shall  be  entered  in  a  book  or  books,  to  be  kept  for  that 
purpose,  and  known  as  the  "Juvenile  Record,"  and  the 
court  may  for  convenience  be  called  the  ' '  Juvenile  Court,  * ' 

Sec,  4.  (Petition  to  the  Court.)  Any  reputable  person 
being  a  resident  in  the  county,  having  knowledge  of  a  child 
in  his  county,  who  appears  to  be  either  neglected,  depen- 
dent or  delinquent,  may  file  with  the  clerk  of  a  court  hav- 
ing jurisdiction  in  the  matter,  a  petition  in  writing,  setting 
forth  the  facts,  verified  by  affidavit.  It  shall  be  sufficient 
that  the  affidavit  is  upon  information  and  belief. 

Sec.  5.  (Summons.)  Upon  the  filing  of  the  petition  a 
summons  shall  issue  requiring  the  person  having  custody 
or  control  of  the  child  or  with  whom  the  child  may  be,  to 
appear  with  the  child  at  a  place  and  time  stated  in  the 
summons,  which  time  shall  be  not  less  than  twenty-four 
hours  after  service.  The  parents  of  the  child  if  living  and 
their  residence  if  known  or  its  legal  guardian,  if  one  there 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  29 

be,  or  if  their  is  neither  parent  or  guardian  or  if  his  or 
her  residence  is  not  known,  then  some  relative  if  there 
be  one  and  his  residence  is  known,  shall  be  notified  of  the 
proceedings  and  in  any  case  the  judge  may  appoint  some 
suitable  person  to  act  in  behalf  of  the  child.  If  the  person 
summoned  as  herein  provided  shall  fail  without  reasonable 
cause  to  appear  and  abide  the  order  of  the  court  or  to 
bring  the  child  he  may  be  proceeded  against  as  in  case  of 
contempt  of  court.  In  case  the  summons  can  not  be  served 
or  the  party  served  fails  to  obey  the  same  and  in  any  case 
when  it  shall  be  made  to  appear  to  the  court  that  such 
summons  will  be  ineffectual  a  warrant  may  issue  on  the 
order  of  the  court,  either  against  the  parent  or  guardian 
or  the  person  having  custody  of  the  child  or  with  whom  the 
child  may  be  or  against  the  child  itself.  On  the  return  of 
the  summons  or  other  process  or  as  soon  thereafter  as 
may  be  the  court  shall  proceed  to  hear  and  dispose  of  the 
case  in  a  summary  manner. 

Amend  Section  5  hy  adding  thereto  the  following: 
"Pending  the  final  disposition  of  any  case,  the  child  may 
he  retained  in  the  possession  of  the  person  having  the 
charge  of  same,  or  may  be  kept  in  some  suitable  place  pro- 
vided by  the  city  or  county  authorities." 

Amendment  proposed  by  Timothy  D.  Hurley. 

Sec.  6.  (Probation  Officers.)  The  court  shall  have 
authority  to  appoint  or  designate  one  or  more  discreet  per- 
sons of  good  character  to  serve  as  probation  officers,  dur- 
ing the  pleasure  of  the  court;  said  probation  officers  to 
receive  no  compensation  from  the  public  treasury.  In  case 
a  probation  officer  shall  be  appointed  by  any  court,  it  shall 
be  the  duty  of  the  clerk  of  the  court,  if  practicable,  to 
notify  the  said  probation  officer  in  advance,  when  any 
child  is  to  be  brought  before  the  said  court;  it  shall  be 
the  duty  of  the  said  probation  officer  to  make  such  inves- 
tigation as  may  be  required  by  the  court ;  to  be  present  in 
court  in  order  to  represent  the  interests  of  the  child  when 


30  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

the  case  is  heard;  to  furnish  to  the  court  such  informa- 
tion and  assistance  as  the  judge  may  require;  and  to  take 
such  charge  of  any  child  before  and  after  trial  as  may  be 
directed  by  the  court. 

Sec.  7.  (Dependent  and  Neglected  Children.)  When 
any  child  under  the  age  of  fourteen  (14)  years  shall  be 
found  to  be  dependent  or  neglected  within  the  meaning 
of  this  act,  the  court  may  make  an  order  committing  the 
child  to  the  care  of  some  suitable  State  institution  or  to 
the  care  of  some  reputable  citizen  of  good  moral  character, 
or  to  the  care  of  some  training  school  or  an  industrial 
school,  as  provided  by  law,  or  to  the  care  of  some  associa- 
tion willing  to  receive  it,  embracing  in  its  objects  the  pur- 
pose of  caring  or  obtaining  homes  for  dependent  or  neg- 
lected children,  which  association  shall  have  been  accred- 
ited as  hereinafter  provided. 

Amend  Section  7  hy  striking  out  '^fourteen  (14)"  in 
line  2  and  inserting  the  word  ''sixteen  (16)." 

Amendment  proposed  by  Hon.  Orrin  N.  Carter,  County 
Judge  of  Cook  County,  Illinois. 

Sec.  8.  (Children  Not  to  be  Kept  in  Poor  Houses.)  It 
shall  be  unlawful  to  retain  any  child  of  sound  mind  and 
body,  between  the  ages  of  two  (2)  and  fourteen  (14) 
years,  in  any  poor  house,  and  it  shall  be  the  duty  of  the 
superintendent  of  any  poor  house,  or  any  member  of  the 
county  board,  who  shall  have  knowledge  of  the  presence 
of  any  such  child  in  any  poor  house,  to  make  petition  to 
the  circuit  or  county  court,  in  the  manner  provided  in 
Section  5  of  this  act.  And  the  court  shall  have  like  power 
as  in  other  cases  of  dependent  children.  When  any  child 
dependent  upon  a  county  for  support  is  committed  by  the 
court  to  the  care  of  an  association,  to  be  placed  in  a  family 
home,  the  court  may  award  a  reasonable  compensation  for 
such  services,  to  be  paid  by  the  county,  including  neces- 
sary expenses,  provided  that  the  compensation  so  allowed 
shall  not  exceed  the  sum  of  fifty  (50)  dollars  in  the  case 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  31 

of  any  one  child.  If  it  shall  prove  impracticable  to  place 
or  keep  such  child  in  a  family  home  on  account  of  incor- 
rigibility, or  any  mental  or  physical  defect,  the  child  may 
be  returned  to  the  county  authorities.  In  such  case  the 
court  may  require  the  association  to  refund  to  the  county 
treasury  such  portion  of  the  money  pa^.d  by  the  county 
for  the  care  of  such  child  as  may  in  the  opinion  of  the 
court  be  equitable. 

Amend  by  striking  out  all  of  Section  8  and  renumbering 
the  Sections  following  and  changing  the  references  to  any 
of  said  sections  to  correspond. 

This  amendment  was  proposed  by  Mr.  John  J.  Lane,  rep- 
resentative of  the  Chicago  Inter  Ocean,  then  assigned  to 
duty  on  that  paper  at  Springfield. 

Sec.  9.  (Guardianship.)  In  any  case  where  the  court 
shall  award  a  child  to  the  care  of  any  association  or  indi- 
vidual in  accordance  with  the  provisions  of  this  act,  the 
child  shall,  unless  otherwise  ordered,  become  a  ward,  and 
be  subject  to  the  guardianship  of  the  association  or  indi- 
vidual to  whose  care  it  is  committed.  Such  association  or 
individual  shall  have  authority  to  place  such  child  in  a 
family  home,  with  or  without  indenture,  and  may  be  made 
party  to  any  proceeding  for  the  legal  adoption  of  the  child, 
and  may  by  its  or  his  attorney  or  agent  appear  in  any  court 
where  such  proceedings  are  pending  and  assent  to  such 
adoption.  And  such  assent  shall  be  sufficient  to  authorize 
the  court  to  enter  the  proper  order  or  decree  of  adoption. 

Amend  Section  9,  by  adding  thereto,  the  following: 
"Such  guardianship  shall  not  include  the  guardianship  of 
any  estate  of  the  child." 

This  amendment  was  proposed  by  Judge  Hurd. 

Sec.  10.  (Disposition  of  Delinquent  Children.)  In  the 
case  of  a  delinquent  child,  the  court  may  continue  the 
hearing  from  time  to  time  and  may  commit  the  child  to  the 
care  and  guardianship  of  a  probation  officer  duly  appointed 
by  the  court,  and  may  allow  said  child  to  remain  in  its  own 


32  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

home,  subject  to  the  visitation  of  the  probation  officer; 
such  child  to  report  to  the  probation  officer  as  often  as 
may  be  required,  and  subject  to  be  returned  to  the  court 
for  further  proceedings,  whenever  such  action  may  appear 
to  be  necessary;  or  the  court  may  commit  the  child  to 
the  care  and  guardianship  of  the  probation  officer  to  be 
placed  in  a  suitable  family  home,  subject  to  the  friendly 
supervision  of  such  probation  officer;  or  it  may  authorize 
the  said  probation  officer  to  board  out  the  said  child  in 
some  suitable  family  home,  in  case  provision  is  made  by 
voluntary  contribution  or  otherwise  for  the  payment  of  the 
board  of  such  child  until  a  suitable  provision  may  be  made 
for  the  child  in  a  home  without  such  payment.  The  county 
board  of  any  county  or  the  city  council  of  any  city  may 
appropriate  money  for  such  purpose  provided  that  the  rate 
to  be  paid  out  of  any  public  money  shall  not  exceed  $2.00 
per  week.  Or  if  the  child  is  found  guilty  of  any  criminal 
offense  and  the  judge  is  of  the  opinion  that  the  best  inter- 
est requires  it,  the  court  may  commit  the  child  to  any 
institution  within  said  county  incorporated  under  the  laws 
of  this  State  for  the  care  of  delinquent  children,  or  pro- 
vided by  a  city  for  the  care  of  such  offenders,  or  may  com- 
mit the  child  if  a  boy  over  the  age  of  ten  years  to  the  State 
reformatory,  or  if  a  girl  over  the  age  of  ten  years  to  the 
State  Home  for  Juvenile  Female  Offenders.  A  child  com- 
mitted to  such  an  institution  shall  be  subject  to  the  control 
of  the  Board  of  Managers  thereof,  and  said  board  shall 
have  power  to  parole  such  child  on  such  conditions  as  it 
may  prescribe,  and  the  court  shall,  on  the  recommendation 
of  the  board,  have  power  to  discharge  such  child  from 
custody,  whenever  in  the  judgment  of  the  court,  his  or  her 
reformation  shall  be  complete;  or  the  court  may  commit 
the  child  to  the  care  and  custody  of  some  association  that 
will  receive  it,  embracing  in  its  objects  the  care  of  neg- 
lected and  dependent  children,  and  that  has  been  duly 
accredited  as  hereinafter  provided.     The  order  of  com- 


HON.   ORRIN   N.   CARTER 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  33 

mitment  may  include  such  allowance  to  the  said  institu- 
tion or  association  for  the  actual  expense  and  care  for 
said  child  as  the  judge  may  deem  proper,  not  exceeding 
the  sum  of  two  dollars  and  fifty  cents  ($2.50)  per  week, 
such  expense  to  be  paid  from  the  county  treasury:  PRO- 
VIDED, that  no  such  payment  shall  continue  for  more 
than  twelve  (12)  months  without  a  new  order  of  the 
court;  AND  PROVIDED,  such  payment  shall  cease  when 
the  said  child  shall  reach  the  age  of  fourteen  (14)  years, 
unless  a  special  order  shall  be  made  for  continued  payment. 

Amend  Section  10,  hy  striking  out  all  after  the  words, 
''without  such  payment"  in  the  18th  line  of  said  section, 
down  to  and  including  the  words,  "$2.00  per  week"  in  line 
22,  and  insertitig  "or  the  court  may  commit  the  child  if  a 
hoy  to  a  training  school  for  hoys,  or  if  a  girl  to  an  indus- 
trial school  for  girls." 

Also  striking  out  all  of  said  section  after  the  word  "pro- 
vided" in  line  41. 

These  two  amendments  were  proposed  by  Mr.  John  J. 
Lane  of  the  Inter  Ocean  staff  and  Mr.  Dudley  of  the  Glen- 
wood  School  and  Mrs.  M.  R.  M.  Wallace  of  the  Illinois  In- 
dustrial School  for  Girls  located  at  Evanston,  Illinois. 

Sec.  11.  (Transfer  from  Justices  and  Police  Magis- 
trates. )  When,  in  any  county  where  a  court  is  held  as  pro- 
vided in  section  three  of  this  act,  a  child  under  the  age  of 
sixteen  years  is  arrested  with  or  without  warrant,  such 
child  may,  instead  of  being  taken  before  a  justice  of  the 
peace  or  police  magistrate,  be  taken  directly  before  such 
court,  or  if  the  child  is  taken  before  a  justice  of  the  peace 
or  police  magistrate,  it  shall  be  the  duty  of  such  justice  of 
the  peace  or  police  magistrate  to  transfer  the  care  to  such 
court,  and  the  officer  having  the  child  in  charge  to  take 
such  child  before  that  court,  and  in  any  such  case,  the 
court  may  proceed  to  hear  and  dispose  of  the  ease  in  the 
same  manner  as  if  the  child  had  been  brought  before 
the  court  upon  petition  as  herein  provided.     In  any  case 


34  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

the  court  may  proceed  without  notice,  or  it  may  cause 
such  notice  to  be  given,  and  investigation  to  be  made  as 
it  may  think  for  the  interest  of  the  child,  and  may  adjourn 
the  hearing  for  that  purpose. 

Amend  Section  11,  by  striking  out  all  of  the  last  five 
lines  of  said  section  and  i7iserting  the  following:  "Shall 
require  notice  to  he  given  and  investigation  to  he  made  as 
in  other  cases  under  this  act  and  may  adjourn  the  hearing 
from  time  to  time  for  the  purpose. 

This  amendment  was  proposed  by  Timothy  D.  Hurley. 

Sec.  12.  (Children  Under  Twelve  Years  Not  to  Be 
Committed  to  Jail.)  No  court  or  magistrate  shall  commit 
a  child  under  twelve  (12)  years  of  age  to  a  jail  or  police 
station,  but  if  such  child  is  unable  to  give  bail,  it  may  be 
committed  to  the  care  of  the  sheriff,  police  officer  or  proba- 
tion officer,  who  shall  keep  such  child  in  gome  place  outside 
of  the  inclosure  of  any  jail  or  police  station ;  and  the  court 
may  award  such  compensation  for  the  care  of  such  child  as 
it  deems  suitable,  not  exceeding  fifty  (50)  cents  per  day. 
When  any  child  shall  be  sentenced  to  confinement  in  any  in- 
stitution to  which  adult  convicts  are  sentenced,  it  shall  be 
unlawful  to  confine  such  child  in  the  same  building  with 
such  adult  convicts,  or  to  confine  such  child  in  the  same 
yard  or  enclosure  with  such  adult  convicts,  or  to  bring  such 
child  into  any  yard  or  building  in  which  such  convicts  may 
be  present. 

Amend  Section  12,  hy  striking  out  all  of  said  section 
after  the  words  ''in  some"  in  line  6,  down  to  and  including 
the  words  "per  day,"  in  line  9  of  said  section,  and  insert 
in  lieu  thereof,  "suitable  place  provided  hy  the  city  or 
county  outside  of  the  inclosure  of  any  jail  or  police  sta- 
tion." 

Amendment  proposed  by  Mr.  Lane,  Mr.  Dudley  and  Mrs. 
Wallace. 

Sec.  13.     (Agents  of  Juvenile  Reformatories.)     It  shall 


ORIGIN  OP  THE  JUVENILE  COURT  LAW.  36 

be  the  duty  of  the  board  of  managers  of  the  State  Reforma- 
tory at  Pontiac  and  the  board  of  managers  of  the  State 
Home  for  Juvenile  Female  Offenders  at  Geneva,  and  the 
board  of  managers  of  any  other  institution  to  which  juve- 
nile delinquents  may  be  committed  by  the  courts,  to  main- 
tain an  agent  of  such  institution,  whose  duty  it  shall  be  to 
examine  the  homes  of  children  paroled  from  such  institu- 
tion, for  the  purpose  of  ascertaining  and  reporting  to  said 
court  whether  they  are  suitable  homes;  to  assist  children 
paroled  or  discharged  from  such  institution  in  finding  suit- 
able employment,  and  to  maintain  a  friendly  supervision 
over  paroled  inmates  during  the  continuance  of  their 
parole ;  such  agents  shall  hold  office  subject  to  the  pleasure 
of  the  Board,  making  the  appointment,  and  shall  receive  such 
compensation  as  such  Board  may  determine  out  of  any 
funds  appropriated  for  such  institution  applicable  thereto. 

Amend  Section  13  hy  striking  out  the  words  ''board  of 
managers"  where  they  first  occur  in  line  two  (2)  and  insert 
the  word  ''superintendent." 

Amendment  proposed  by  Judge  Hurd. 

Sec.  14.  (Supervision  by  State  Commissioners  of  Pub- 
lic Charities.)  All  associations  receiving  children  under 
this  act  shall  be  subject  to  the  same  visitation,  inspection 
and  supervision  of  the  board  of  State  commissioners  of  pub- 
lic charities  as  the  public  charitable  institutions  of  this 
State.  The  judges  of  the  courts  hereinafter  mentioned  may 
require  such  information  and  statistics  from  associations 
desiring  to  have  children  committed  to  their  care  under  the 
provisions  of  this  act  as  said  judges  deem  necessary,  in 
order  to  enable  them  to  exercise  a  wise  discretion  in  dealing 
with  children.  Every  such  association  shall  file  with  the 
board  of  State  commissioners  of  public  charities  an  annual 
printed  or  written  report,  which  shall  include  a  statement 
of  the  number  of  children  cared  for  during  the  year,  the 
number  received,  the  number  placed  in  homes,  the  number 
died,  the  number  returned  to  friends ;  also  a  financial  state- 


36  ORIGIN  OP  THE  JUVENILE  COURT  LAW. 

ment  showing  the  receipts  and  disbursements  of  the  asso- 
ciations. The  statement  of  receipts  shall  indicate  the 
amount  received  from  other  sources,  specifying  the  several 
sources.  The  statement  of  disbursements  shall  show  the 
amount  expended  for  salaries  and  other  expenses,  specify- 
ing the  same,  the  amount  expended  for  lands,  buildings  and 
investments.  The  secretary  of  the  board  of  public  charities 
shall  furnish  to  the  judge  of  each  of  the  county  courts  a 
list  of  associations  filing  such  annual  reports,  and  no  child 
shall  be  committed  to  the  care  of  any  association  which 
shall  not  have  filed  a  report  for  the  fiscal  year  last  pre- 
ceding with  the  State  board  of  conunissioners  of  public 
charities. 

Sec.  15.  (Incorporation  of  Associations.)  No  associa- 
tion whose  objects  may  embrace  the  caring  for  dependent, 
neglected  or  delinquent  children  shall  hereafter  be  incor- 
porated unless  the  proposed  articles  of  incorporation  shall 
first  have  been  submitted  to  the  examination  of  the  board 
of  State  commissioners  of  public  charities,  and  the  Secre- 
tary of  State  shall  not  issue  a  certificate  of  incorporation 
unless  there  shall  first  be  filed  in  his  office  the  certificate  of 
said  board  of  State  commissioners  of  public  charities  that 
said  board  has  examined  the  said  articles  of  incorporation 
and  that,  in  its  judgment,  the  incorporators  are  reputable 
and  responsible  persons,  the  proposed  work  is  needed,  and 
the  incorporation  of  such  association  is  desirable  and  for 
the  public  good;  amendments  proposed  to  the  articles  of 
incorporation  or  association  having  as  an  object  the  care 
and  disposal  of  dependent,  neglected  or  delinquent  children 
shall  be  submitted  in  like  manner  to  the  board  of  State  com- 
missioners of  public  charities,  and  the  Secretary  of  State 
shall  not  record  such  amendment  or  issue  his  certificate 
therefor  unless  there  shall  first  be  filed  in  his  office  the  cer- 
tificate of  said  board  of  State  commissioners  of  public  char- 
ities that  they  have  examined  the  said  amendment,  that  the 
association  in  question  is,  in  their  judgment,  performing  in 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  37 

good  faith  the  work  undertaken  by  it,  and  that  the  said 
amendment  is,  in  their  judgment,  a  proper  one  and  for  the 
public  good. 

Sec.  16.  (Surrender  of  Dependent  Children — Adoption.) 
It  shall  be  lawful  for  the  parents,  parent,  guardian 
or  other  person  having  the  right  to  dispose  of  a  dependent 
or  neglected  child  to  enter  into  an  agreement  with  any  asso- 
ciation or  institution  incorporated  under  any  public  or  pri- 
vate law  of  this  state  for  the  purpose  of  aiding,  caring  for 
or  placing  in  homes  such  children,  and  being  approved  as 
herein  provided,  for  the  surrender  of  such  child  to  such 
association  or  institution,  to  be  taken  and  cared  for  by  such 
association  or  institution  or  put  into  a  family  home.  Such 
agreement  may  contain  any  and  all  proper  stipulations  to 
that  end  and  may  authorize  the  association  or  institution, 
by  its  attorney  or  agent,  to  appear  in  any  proceeding  for 
the  legal  adoption  of  such  child,  and  consent  to  its  adop- 
tion, and  the  order  of  the  court  made  upon  such  consent 
shall  be  binding  upon  the  child  and  its  parents  or  guardian 
or  other  person  the  same  as  if  such  parents  or  guardian  or 
other  person  were  personally  in  court  and  consenting  there- 
to, whether  made  party  to  the  proceeding  or  not. 

Sec.  17.  (Foreign  Corporations.)  No  association  which 
is  incorporated  under  the  laws  of  any  other  state  than 
the  State  of  Illinois,  shall  place  any  child  in  any  family 
home  within  the  boundaries  of  the  State  of  Illinois  either 
with  or  without  indenture,  or  for  adoption,  unless  the  said 
association  shall  have  furnished  the  Board  of  State  Com^ 
missioners  of  Public  Charities  with  such  guarantee  as  they 
may  require  that  no  child  shall  be  brought  into  the  State 
of  Illinois  by  such  society  or  its  agents,  having  any  con- 
tagious or  incurable  disease,  or  having  any  deformity,  or 
being  of  feeble  mind,  or  of  vicious  character,  and  that  said 
association  will  promptly  receive  and  remove  from  the 
State  any  child  brought  into  the  State  of  Illinois  by  its 
agent,   which  shall  become   a  public   charge  within  the 


38  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

period  of  five  (5)  years  after  being  brought  into  this 
State.  Any  person  who  shall  receive  to  be  placed  in  a 
home,  or  shall  place  in  a  home,  any  child  in  behalf  of 
any  association,  incorporated  in  any  other  state  than  the 
State  of  Illinois,  which  shall  not  have  complied  with  the 
requirements  of  this  act  shall  be  imprisoned  in  the  county 
jail  not  more  than  thirty  days,  or  fined  not  less  than  $5.00 
or  more  than  one  hundred  ($100.00)  dollars,  or  both  in 
the  discretion  of  the  court. 

Sec.  18.  (Religious  Preferences.)  It  shall  be  lawful  for 
the  court  in  disposing  of  children  to  consult  the  religious 
preferences  of  the  child  or  of  its  parents  or  guardian. 

Amend  by  striking  out  Section  18  and  inserting  in  lieu 
thereof  the  following: 

Sec.  18.  (Religious  Preference.)  The  court  in  commit- 
ting children  shall  place  them  as  far  as  practicable  in  the 
care  and  custody  of  some  individual  holding  the  same 
religious  belief  as  the  parents  of  said  child,  or  with  some 
association  which  is  controlled  by  persons  of  like  religious 
faith  of  the  parents  of  the  said  child. 

This  amendment  was  proposed  hy  Timothy  D.  Hurley 
and  Hastings  H.  Hart. 

Sec.  19.  (County  Boards  of  Visitors.)  The  county 
judge  of  each  county  may  appoint  a  board  of  six  reputable 
inhabitants,  who  will  serve  without  compensation,  to  con- 
stitute a  board  of  visitation,  whose  duty  it  shall  be  to 
visit  as  often  as  once  a  year,  all  institutions,  societies 
and  associations  receiving  children  under  this  act, 
and  institutions  where  children  are  supported  by.  voluntary 
or  public  charity ;  said  visits  shall  be  made  by  not  less  than 
two  of  the  members  of  the  board,  who  shall  go  together 
or  make  a  joint  report;  the  said  board  of  visitors  shall 
report  to  the  court  from  time  to  time  the  condition  of 
children  received  by,  or  in  charge  of,  such  associations  and 
institutions,  and  shall  make  an  annual  report  to  the  board 
of  State  commissioners  of  public  charities,  in  such  form 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  39 

as  the  board  may  prescribe.  The  county  board  may,  at 
their  discretion,  make  appropriations  for  the  payment  of 
the  actual  and  necessary  expenses  incurred  by  the  visitors 
in  the  discharge  of  their  official  duties. 

Amend  Section  19  by  striking  out  beginning  in  line  7 
the  following  words:  "And  institutions  where  children  are 
supported  hy  voluntary  or  public  charity." 

This  amendment  was  proposed  by  Representative  Dennis 
E.  Sullivan  of  Chicago,  III. 

Sec.  20.  (Powers  of  Juvenile  Court.)  The  powers  and 
duties  herein  provided  to  be  exercised  by  the  county  court 
or  the  judges  thereof,  may,  in  counties  having  over  500,000 
population,  be  exercised  by  the  Circuit  Courts  and  their 
judges,  as  hereinbefore  provided  for. 

Sec.  21. (Industrial  and  Training  Schools  Not  Affected.) 
Nothing  in  this  act  shall  be  construed  to  repeal  any  portion 
of  the  act  to  aid  industrial  schools  for  girls,  the  act  to  pro- 
vide for  and  aid  training  schools  for  boys,  the  act  to  estab- 
lish the  Illinois  State  Reformatory  or  the  act  to  provide 
for  a  State  Home  for  Juvenile  Female  Offenders.  And  in 
all  commitments  to  said  institutions  the  acts  in  reference 
to  said  institutions  shall  govern  the  same. 

Sec.  22.  (Construction  of  the  Act.)  This  act  shall  be 
liberally  construed  to  the  end  that  its  purpose  may  be  car- 
ried out,  to-wit:  that  the  care,  custody  and  discipline  of 
a  child  shaU  approximate  as  nearly  as  may  be  that  which 
should  be  given  by  its  parents,  and  in  all  cases  where  it 
can  properly  be  done  the  child  be  placed  in  an  approved 
family  home  and  become  a  member  of  the  family  by  legal 
adoption  or  otherwise. 

This  bill,  which  became  a  law  July  1,  1899,  has  been 
amended  at  subsequent  legislatures. 


STORY  TOLD  BY  THE  LEGISLATIVE  JOURNAL 

Journal  of  the  House  of  Representatives  of  the  Forty- 
first  General  Assembly  of  the  State  of  Illinois. 


40  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

Convened  at  the  Capitol  in  Springfield,  Jan.  4,  1899,  and 
adjourned  sine  die  April  14,  1899. 

Tuesday,  Feb.  7,  1899 — 10  o'clock  a.  m.  The  house  met 
pursuant  to  adjournment,  the  speaker  in  the  chair. 

Mr.  Newcomer  introduced  a  bill.  House  Bill  No.  327,  a 
bill  for  "An  act  to  regulate  the  treatment  and  control  of 
dependent,  neglected  and  delinquent  children." 

The  bill  was  taken  up,  read  by  title,  ordered  printed 
and  referred  to  the  committee  on  judiciary. 

Wednesday,  March  15,  1899 — 10  o'clock  a.  m.  The  house 
met  pursuant  to  adjournment,  the  speaker  in  the  chair. 

Mr.  Allen,  from  the  committee  on  judiciary,  to  whom 
was  referred  House  Bill  No.  327,  being  a  bill  for  '*An 
act  to  regulate  the  treatment  and  control  of  dependent,  neg- 
lected and  delinquent  children,"  reported  the  same  back 
with  amendments  thereto,  and  recommended  that  the  amend- 
ments be  adopted  and  that  the  bill,  as  amended,  do  pass. 

The  report  of  the  committee  was  adopted  and  the  bill 
ordered  to  its  first  reading. 

Tuesday,  March  21,  1899—10  o'clock  a.  m.  The  house 
met  pursuant  to  adjournment,  the  speaker  in  the  chair. 

By  unaniomus  consent,  Mr.  Newcomer  called  up  House 
Bill  No.  327  in  the  order  of  first  reading. 

House  Bill  No.  327,  a  bill  for  "An  act  to  regulate  the 
treatment  and  control  of  dependent,  neglected  and  delin- 
quent children,"  was  taken  up  and  read  at  large  a  first 
time  and  ordered  to  a  second  reading. 

Friday,  March  24,  1899 — 10  o'clock  a.  m.  A  message 
from  the  senate  by  Mr.  Paddock,  secretary: 

Mr.  Speaker : — I  am  directed  to  inform  the  house  of  rep- 
resentatives that  the  senate  has  passed  bills  of  the  follow- 
ing titles,  in  the  passage  of  which  I  am  instructed  to 
ask  the  concurrence  of  the  house  of  representatives,  to-wit: 
SENATE  BILL  No.  269 

A  bill  for  "An  act  to  regulate  the  treatment  and  con- 
trol of  dependent,  neglected  and  delinquent  children." 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  41 

Passed  by  the  senate  March  23,  1899. 

J.  H.  Paddock, 
Secretary  of  the  Senate. 

The  foregoing  senate  bills,  Nos.  269,  272,  387,  393  and 
391,  were  ordered  printed  and  to  a  first  reading. 

Friday,  March  31,  1899 — 10  o'clock  a.  m.  By  unanimous 
consent,  Mr.  Newcomer  called  up  Senate  Bill  No,  269,  in 
the  order  of  first  reading. 

Senate  Bill  No.  269,  a  bill  for  "An  act  to  regulate  the 
treatment  and  control  of  dependent,  neglected  and  delin- 
quent children,"  was  taken  up,  read  at  large  a  first  time, 
and  ordered  to  a  second  reading  without  reference. 

Friday,  April  1,  1899 — 10  o'clock  a.  m.  By  unanimous 
consent.  Senate  Bill  No.  269,  a  bill  for  ''An  act  to  regulate 
the  treatment  and  control  of  dependent,  neglected  and 
delinquent  children,"  was  taken  up  and  read  at  large  a 
second  time,  and  the  question  being,  "Shall  the  bill  be 
ordered  to  a  third  reading  ? "  it  was  decided  in  the  affirm- 
ative. 

Friday,  April  14,  1899 — 9  o'clock  a.  m.  By  unanimous 
consent,  Mr.  Newcomer  called  up  Senate  Bill  No.  269  in 
the  order  of  third  reading. 

Senate  Bill  No.  269,  a  bill  for  "An  act  to  regulate  the 
treatment  and  control  of  dependent,  neglected  and  delin- 
quent children,"  was  taken  up,  and  all  amendments  there- 
to having  been  engrossed  and  printed  in,  it  was  read  at 
large  a  third  time,  and  the  question  being,  "Shall  this 
bill  pass?"  it  was  decided  in  the  affirmative  by  the  fol- 
lowing vote :    Yeas,  121 ;  Nays,  0. 

Those  voting  in  the  affirmative  are : 

Abbott,  Alfred  N.  Belinski,   C  J.  Busell,   David   C. 

Albertsen,  Ubbo  J.  Berryman,  H.   R.  Bush,  Guy  L. 

Allen,  Charles  A.  Black,  Jesse,  Jr.  Busee,  Carl 

Ailing,  Edward  H.  Boyd,  George  M.  Butler,  Michael  J. 

Alschuler,   Samuel  Brooks,  Niles  Butz,  John  B.  P. 

Andrus,  Henry  Brown,  Robert  C.  Cahill,  Peter  F. 

Barclay,   William  Brundage,  Ed.  J.  Callaghan,   Patr'kB. 

Beitler,   Henry  O.  Burgett,  Carl  S.  Carmody,  William 


42 


ORIGIN  OF  THE  JUVENILE  COURT  LAW. 


Carstens,  Garrelt 
Cherry,  Charles  T. 
Churan,  John 
Cleary,   Michael 
Cleary,  Michael  H. 
Cole,  William  W. 
Countryman,  Jas.  A. 
Craig,   Charles   C. 
Curtis,  Ed.  C. 
Dockery,  John 
Donnelly,  John  C. 
Drew,  Samuel  J, 
Drury,  Joseph  W. 
Eignus,   Malancthon 
BHclfson,  Samuel  E. 
Farrell,  James  H. 
Fuller,  Du  Fay  A. 
Funk,  Duncan   M. 
Garver,  Samuel  B. 
Gasaway,  N.  P. 
Glade,  Albert 
Goodnow,  Chas.  N. 
Gray,  James  M. 
Graybill,  Geo,  R. 
Green,  John 
Guffln,  Wash'gt'n  I. 
Hackett,  James 
Hamilton,  Jno.  L. 
Harkin,  Daniel  V, 
Heimberger,  H.  R. 
Hennebry,  M.  F. 
Hilboldt,  J.  H. 
Nays  0. 


Huff,  Rufus 
Johnson,  Chas.  G. 
Johnson,  Geo.  W. 
Johnson,  John  W. 
Kennedy,   Michael 
Kerrick,  Josiah 
Kettering,  A.  J. 
Kirby,  James  J. 
Kolstedt,  John 
Kumler,  Harry  A. 
Lee,  Arthur  M. 
Lee,  Charles  C. 
Lewis,    John   W. 
Lyon,   George  R. 
Mansfield,  Geo.  E. 
Martin,  George  E. 
McCulloch,  Ed.  D. 
McDaniel   Thos.   L. 
McDonough,  D.  V. 
McGoorty,  J.   P. 
McKeene,  John  A. 
McLauchlan,  John 
Meaney,  Patrick  J. 
Meier,  John 
Merrill,  Alva 
Morley,  John 
Moss,   Norman   H. 
Mueller,  Carl 
Newcomer,  John  R. 
Nowickl,  John  M. 
Olsen,    Peter   B. 
O'Malley,  John  F. 


Page,   Oliver  J. 
Partridge,    Jasper 
Purdunn,  Chas.  A. 
Pool,  Joseph  J. 
Rankin,  Geo.  C. 
Rea,  Samuel  H. 
Redfield,  Robert 
Retallic,    Thomas  A. 
Rhodes,  William  V. 
Robinson,  Hugh  J. 
Ross,  Robert  H. 
Samuelson,   C.   A, 
Searcy,   James   B. 
Schlagenhauf,    Wm. 
Scrogin,    Arthur  J, 
Shanahan,  David  E. 
Shephard,  Jno.  A. 
Stewart,  John 
Sullivan,  Denis  E. 
Sullivan,   F.  J. 
Thiemann,  William 
Tippit,  Thomas 
Trautmann,  Wm.  E. 
Trowbridge,   I.   H. 
Vincent,  John  A. 
Warder,  William  H. 
White,   David   C. 
Williams,  Thomas 
Wood,  James  H. 
Young,  Linn  H. 
Zinn,  Thomas 


THE  COMPANION  STORY  IN  THE  SENATE 

Journal  of  the  Senate  of  the  Fifty-first  General  Assem- 
bly of  the  State  of  Illinois. 

Convened  at  the  Capitol  in  Springfield,  January  4,  1899, 
and  adjourned  sine  die  April  14,  1899. 

Wednesday,  Feb.  15,  1899—10  o'clock  a.  m. 

Mr.  Case  introduced  a  bill,  Senate  Bill  No.  269,  for  "An 
act  to  regulate  the  treatment  and  control  of  dependent, 
neglected  and  delinquent  children." 

Which  was  read  at  large  a  first  time,  ordered  printed, 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  43 

and,  on  motion  of  Mr.  Case,  was  referred  to  the  committee 
on  judiciary, 
Wednesday,  March  15,  1899—10  o'clock  a.  m. 
Mr.  Baxter,  from  the  committee  on  judiciary,  to  which 
was  referred  a  bill.  Senate  Bill  No.  269,  for  "An  act  to 
regulate  the  treatment  and  control  of  dependent,  neglected 
and  delinquent  children,"  reported  the  same  back  with 
amendments  thereto,  and  recommended  that  the  amend- 
ments be  adopted,  and  the  bill  as  amended  do  pass. 

Under  the  rules  the  bill  was  ordered  to  a  second  read- 
ing, and  to  be  printed  with  the  amendment. 
Wednesday,  March  22,  1899—10  o'clock  a.  m- 
By  unanimous  consent,  on  motion  of  Mr.  Case,  Senate 
Bill  No.  269,  a  bill  for  ''An  act  to  regulate  the  treatment 
and  control  of  dependent,  neglected  and  delinquent  chil- 
dren," was  taken  up  and  read  at  large  a  second  time, 
together  with  the  following  amendments  thereto,  reported 
from  the  committee  on  judiciary,  March  15,  1899:  (Here 
follows  amendments  as  printed.) 

The  question  being,  ' '  Shall  the  report  of,  and  the  amend- 
ments reported  from,  said  committee  be  adopted?"  it  was 
decided  in  the  affirmative. 

Thursday,  March  23,  1899—10  o'clock  a.  m. 
The  president  of  the  senate  announced  the  next  special 
crder  to  be  the  consideration  of  Senate  Bill  No.  269,  for 
"An  act  to  regulate  the  treatment  and  control  of  depend- 
ent, neglected  and  delinquent  children,"  which,  having 
been  printed,  was  taken  up  and  read  at  large  a  third  time, 
and  the  question  being,  "Shall  this  bill  pass?"  it  was 
decided  in  the  affirmative  by  the  following  vote :  Yeas,  32 ; 
Ncys,  1. 

The  following  voted  in  the  affirmative : 

Aspinwall,  H.  F.  Bollinger,  Alb.  C.  EVans,  Henry  H. 

Baxter,  Delos  W.  Busse,  Fred  A.  Fort,  Robert  B. 

Begole,  Henry  C.  Case,  Selon  H.  Galligan,  Peter,  F. 

Berry,  Orville  F.  Dunlap,  Henry  M.  Gardner,  Corbus  P. 

Bogardus,  Charles  Edwards,  W.  Scott  Granger,  Flavel  K. 


44  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

Humphrey,  John  Milchrist,  Thos.  E.       Stubblefield,  G.   W. 

Juul,  Niels  Odell,  William  M.        Sullivan,  William 

Leeper,  Arthur  A.        Payne,  William  Templeton,  Jas.  W. 

Magnire,    Bernard  J.     Pemberton,  S.  C.  Townsend,   Leon  A. 

McAdams,  John  Putnam,  James  D.       Warder,  Walter 

McCloud,    Sidney         Shumway  Jno.  N  .D. 

The  following  voted  in  the  negative : 
Davidson,   Mr.  Nays,  1. 

Ordered  that  the  title  be  as  aforesaid,  and  that  the  secre- 
tary inform  the  house  of  representatives  thereof  and  ask 
their  concurrence  in  the  passage  of  the  bill. 

Friday,  April  14,  1899—9  o'clock  a.  m. 

A  message  from  the  house  by  Mr.  Cooper,  assistant 
clerk. 

Mr.  President : — I  am  directed  to  inform  the  senate  that 
the  house  of  representatives  has  concurred  with  them  in 
the  passage  of  bills  of  the  following  titles,  to-wit: 

SENATE  BILL  No.  269 

A  bill  for  "An  act  to  regulate  the  treatment  and  con- 
trol of  dependent,  neglected  and  delinquent  children." 
Concurred  in  by  the  house  April  14,  1899. 

JOHN  A.  REEVE, 
Clerk  of  the  House  of  Representatives. 


THE  REPORT  OF  THE  BAR  ASSOCIATION 

The  special  committee  on  Juvenile  Courts  presented  its 
report  to  the  Chicago  Bar  Association  at  its  twenty-sixth 
annual  meeting  held  in  the  rooms  of  the  association,  Oct. 
28,  1899.  Henry  S.  Towle  presided.  George  Mills  Rogers 
was  secretary.     The  report  was  as  follows: 

Your  Committees  on  Juvenile  Courts  respectfully  report  as 
follows: 

Although  our  state  and  city  have  long  had  many  laws  relat- 
ing to  neglected,  dependent  and  delinquent  children,  and  many 
organizations  and  societies  engaged  in  the  work  of  caring  for 
children,  these  laws  were  fragmentary  and  in  their  operation 
there  was  a  lack  of  continuity,  adhesion  and  responsibility  to 
the  public.    As  a  result,  we  have  long  been  looked  upon  as  far 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  45 

behind  the  times  in  respect  to  this  subject.  Children  accused 
of  wrong-doing,  as  well  as  children  convicted  of  misdemeanors, 
have  generally  been  kept  in  the  common  jail,  police  station 
or  bridewell,  in  direct  or  indirect  association  with  criminals. 
Dependent  children  have  been  too  often  kept  in  public  alms- 
houses; and,  especially  in  Chicago,  our  courts  have  been  so  over- 
crowded with  other  business  as  to  prevent  their  giving  proper 
attention  to  children's  cases. 

Recognizing  these  evils  and  the  duty  of  the  state  to  assume 
its  responsibilities  as  parents  patriae,  this  association  at  its  last 
annual  meeting  directed  the  appointment  of  a  committee  of  five 
to  investigate  existing  conditions  relative  to  neglected,  dependent 
and  delinquent  children,  and  to  co-operate  with  committees  of 
other  organizations  in  formulating  and  securing  such  legislation 
as  might  be  necessary  to  cure  existing  evils  and  bring  our  state 
and  city  up  to  the  standard  of  other  leading  states  and  cities  of 
the  union;  and  it  was  in  pursuance  of  this  direction  that  your 
committee  was  appointed. 

At  about  the  time  of  its  appointment  there  was  a  spontaneous 
movement  with  reference  to  the  subject  from  several  directions. 
The  Board  of  State  Commissioners  of  Public  Charities  canvassed 
the  matter;  the  state  conference  of  charities  devoted  its  entire 
session  of  two  days  to  discussing  it;  the  Civic  Federation  of 
Chicago  held  many  meetings  in  its  interest,  at  which  represen- 
tatives of  leading  philanthropic  and  educational  organizations 
were  present;  the  State  Federation  of  Women's  Clubs  and  vari- 
ous local  associations  appointed  committees;  and  several  child- 
saving  societies  recognized  and  urged  the  necessity  of  prompt 
and  proper  action.  There  was  thus  created  a-  valuable  public 
sentiment,  but  it  was  left  for  this  association  to  crystallize  this 
sentiment  and  give  it  statutory  form. 

In  beginning  its  work  your  committee  invited  the  co-operation 
of  public  officials,  representatives  from  the  public  schools  and 
from  child-saving  institutions,  and  societies  and  women's  clubs 
and  other  associations.  After  full  consultation  a  bill  was  drafted 
by  Mr.  Harvey  B.  Hurd,  subcommittee  appointed  for  that  pur- 
pose, and  submitted  to  your  committee  for  consideration  and 
suggestions.  Several  bills  have  been  previously  prepared  by 
other  parties,  but  on  consideration  of  the  bill  prepared  by  Mr. 
Hurd  all  others  were  laid  aside,  and  all  forces  united  in  urging 
its  support  and  passage. 

This  bill  was  introduced  in  the  Senate  by  Hon.  Solon  H. 
Case,  and  in  the  House  of  Representatives  by  Hon.  John  R. 
Newcomer,  and  in  March,  1899,  a  hearing  was  had  before  the 
judiciary  committee  of  both  houses  sitting  together  in  joint 
session.  At  this  hearing  this  association  was  represented  by 
Messrs.  Harvey  B.  Hurd,  Ephraim  Banning  and  E.  Burritt 
Smith;  and  other  interests  by  Judge  Orrin  N.  Carter  and  Messrs. 
Thomas  C.  MacMillan  and  Timothy  D.  Hurley.  At  a  second 
hearing  Messrs.  Hurd  and  Banning  represented  this  association 
and  Mr.  Hurley  other  interests;  and  when  the  bill  was  on  its 
passage  before  the  House  Mr.  Hurd  and  others  again  visited 
Springfield  to  look  after  final  proceedings. 


46  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

The  bill  was  passed  without  much  delay  or  difficulty  in  the 
Senate;  but  owing  to  repeated  delays,  it  was  not  put  on  its 
passage  in  the  House  until  the  last  day  of  the  session  and  not 
finally  voted  on  until  late  in  the  afternoon  of  that  day  Prior 
to  this  the  outlook  for  its  passage  had  become  so  doubtful  that 
your  committee  presented  the  matter  personally  to  Governor 
Tanner  and  Speaker  Sherman,  explaining  the  objects  of  the 
bill  and  securing  their  support  and  co-operation.  Senator  Case 
and  Representative  Newcomer  are  entitled  to  the  thanks  of  this 
association  for  their  faithful  and  able  management  of  the  bill 
in  the  legislature;  and  great  credit  is  due  Governor  Tanner  and 
Speaker  Sherman  for  their  interest  and  assistance,  which  proved 
invaluable  in  final  proceedings,  and  without  which  the  bill 
would  probably  have  failed  of  passage.  Messrs.  John  W.  Ela 
Hastings  H.  Hart  and  Frank  G.  Soule,  and  Miss  Julia  C.  Lathrop 
also  rendered  valuable  assistance,  especially  in  consultations  and 
preparation  of  the  bill. 

In  the  course  of  proceedings  it  became  necessary  to  make 
various  amendments  to  the  bill,  so  that  as  finally  passed  it 
lacked  several  desirable  and  important  features.  For  instance 
the  bill  as  originally  drawn  provided  for  compensation  to  a 
limited  amount  for  the  board  and  care  of  children  pending  the 
hearing  of  their  cases  in  court;  for  the  commitment  of  children 
by  county  judges  to  the  care  of  suitable  institutions  which  were 
to  receive  a  limited  compensation  and  for  taking  children  out 
of  almshouses  and  placing  them  in  suitable  homes  through 
child-saving  societies  and  otherwise.  As  the  Juvenile  Court 
feature  was  considered  the  most  urgent,  however,  your  committee 
finally  consented  to  amendments  striking  out  these  important 
provisions  in  order  to  secure  the  passage  of  the  bill. 

The  Act  as  passed  is  entitled  "An  Act  to  Regulate  the  Treat- 
ment and  Control  of  Dependent,  Neglected  and  Delinquent  Chil- 
dren." It  was  approved  by  the  governor  April  21  1899  went  in 
force  July  1,  1899,  is  found  in  the  Illinois  Laws  of  1899  pages 
131-7,  and  is  now  generally  spoken  of  as  the  Juvenile  Court  Law 
It  contains  twenty-one  sections,  and  some  of  its  leading  features 
are  as  follows:  It  contains  a  comprehensive  definition  of  neg- 
lected, dependent  and  delinquent  children;  it  confers  on  the 
Circuit  and  County  Courts  original  jurisdiction  concerning  such 
children;  it  provides  that  in  counties  having  over  500  000  pop- 
ulation the  judges  of  the  Circuit  Court  shall  designate  one  or 
more  of  their  number  to  hear  cases  coming  under  the  law  it 
provides  that  children's  cases  coming  before  a  justice  of  the  peace 
or  police  magistrate  shall  be  immediately  transferred  to  the 
judge  so  designated;  it  provides  for  a  simple  mode  of  procedure 
by  petition  and  otherwise;  it  provides  for  the  care  of  neglected 
dependent  and  delinquent  children  while  their  cases  are  pending 
in  court  and  afterward;  it  prohibits  the  commitment  of  children 
under  twelve  years  of  age  to  a  common  jail  or  police  station- 
it  recognizes  all  approved  child-saving  societies  and  institu- 
tions, and  gives  validity  to  their  contracts  in  reference  to  sur- 
rendering and  adopting  children;   and  it  provides  for  a  system 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  47 

of  supervision  by  the  State  Board  of  Charities  over  children 
placed  in  homes  throughout  the  state. 

The  whole  trend  and  spirit  of  the  act  is  that  the  state,  acting 
through  the  Juvenile  Court,  exercises  that  tender  solicitude  and 
care  over  its  neglected,  dependent  and  delinquent  wards  that 
a  wise  and  loving  parent  would  exercise  with  reference  to  his 
own  children  under  similar  circumstances.  As  showing  this 
we  here  quote  its  last  section  as  follows: 

"This  act  shall  be  liberally  construed,  to  the  end  that  its 
purpose  may  be  carried  out,  to-wit:  That  the  care,  custody  and 
discipline  of  a  child  shall  approximate  as  nearly  as  may  be  that 
which  should  be  given  by  its  parents,  and  in  all  cases  where  it 
can  properly  be  done  the  child  be  placed  in  an  approved  family 
home  and  become  a  member  of  the  family  by  legal  adoption  or 
otherwise." 

In  his  able  address  before  the  State's  Attorneys'  Association, 
delivered  at  Ottawa,  June  28,  1899,  Mr.  Albert  C.  Barnes,  assistant 
State's  Attorney  of  Cook  County,  thus  explains  the  object  and 
underlying  principle  of  the  law: 

"The  importance  of  this  act  to  the  people  of  Cook  County, 
and  indirectly  to  the  state  at  large,  can  hardly  be  overestimated. 
...  Its  fundamental  idea  is  that  the  state  must  step  in  and 
exercise  guardianship  over  a  child  found  under  such  adverse 
social  or  individual  conditions  as  develop  crime.  To  that  end 
it  must  not  wait  as  now  to  deal  with  him  in  jails,  bridewells 
and  reformatories  after  he  has  become  criminal  in  habit  and 
tastes,  but  must  seize  upon  the  first  indications  of  the  propensity, 
as  they  may  be  evinced  in  his  conditions  of  neglect  or  delin- 
quency; and  where  he  is  a  violator  of  law,  instead  of  quickening 
acquired  criminal  tendencies,  as  by  present  methods  of  procedure 
— involving  arrest,  examination,  detention  in  the  cell-house  or 
jail,  contact  and  confinement  with  adult  criminals  indictment 
and  conviction  of  crime — it  proposes  a  plan  whereby  he  may 
be  treated,  not  as  a  criminal  or  one  legally  charged  with  crime, 
but  as  a  ward  of  the  state,  to  receive  practically  the  care, 
custody  and  discipline  that  are  accorded  the  neglected  and 
dependent  child,  and  which,  as  the  act  states,  'shall  approximate 
as  nearly  as  may  be  that  which  should  be  given  by  its  parents.' " 

In  Cook  County  the  law  was  put  in  force  by  the  organiza- 
tion of  a  Juvenile  Court,  with  Judge  Richard  S.  Tuthill  presiding, 
an  exceedingly  happy  selection,  and  throughout  the  state  gen- 
erally the  State  Board  of  Charities  is  now  exercising  super- 
vision of  children  placed  in  homes  pursuant  to  its  provisions. 
Many  things  still  remain  to  be  done,  however,  before  the  full 
purpose  and  objects  of  the  law  will  be  accomplished;  and  as  to 
these  we  bespeak  the  interest  and  co-operation,  not  only  of 
this  association,  but  of  all  other  associations  and  organizations 
interested  in  the  subject,  and  of  the  press,  public  officials  and 
good  citizens  generally.  In  this  connection,  and  in  conclusion, 
we  again  quote  from  Mr.  Barnes'  address  above  referred  to,  as 
follows: 

"When  it  is  considered  that  over  five  thousand  cases  a  year 


48  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

are  brought  before  the  grand  jury  of  Cook  County,  and  that 
most  of  the  offenders  are  either  juveniles  or  have  laid  the  foun- 
dation for  a  criminal  career  in  their  youth,  and  that  the  present 
repressive  agencies  are  inadequate  to  stem  the  tide  of  crime  in 
the  great  cities,  the  beneficent  purposes  of  this  act,  tending  as 
they  do  to  minimize  crime  by  striking  at  its  roots,  call  for  the 
co-operation  of  the  officers  of  the  law  and  all  good  citizens  to 
render  it  as  effective  as  possible  under  present  constitutional 
limitations.  Embodying,  as  it  does,  the  ripest  thought  upon  this 
question,  the  results  of  scientific  inquiry  and  special  study  of  the 
causes  and  conditions  of  crime,  and  the  lessons  from  practical 
experience,  with  various  corrective  and  repressive  agencies  em- 
ployed, not  only  in  this  country  but  in  Europe,  this  act,  unless 
thwarted  by  persistent  and  unnatural  foes,  by  niggardly  means 
for  carrying  out  its  provisions,  or  by  the  assaults  of  those  who 
seek  to  defeat  rather  than  promote  beneficial  legislation,  will 
prove  the  dawn  of  a  new  era  in  our  criminal  history,  and  of  a 
brighter  day  for  the  people  of  Illinois." 
All  of  which  is  respectfully  submitted, 

Epheaim   Banning, 
Habvey  B.  Hubd, 
John  W.  Ela, 
Edwin  Bubbitt  Smith, 
Mebeitt  Stabb. 
Chicago,  Oct.  28,  1899. 


WHAT  THE  FUTURE  PROMISES 

The  Juvenile  Court  law,  as  has  been  said  already,  is  an 
assured  success.  Still  though  no  longer  an  experiment, 
it  cannot  be  said  to  have  passed  completely  out  of  the  stage 
of  its  infancy.  Coupled  to  the  wonder  that  such  a  law 
had  not  been  enacted  years  and  years  ago,  is  the  still 
greater  wonder  aroused  by  the  immense  field  of  activity 
which  it  opens  up,  and  the  practically  limitless  area  of  pos- 
sibility which  it  controls. 

The  little  group  of  workers  in  Chicago  which  first  con- 
ceived the  law  has  been  magnified  into  an  immense  army 
of  earnest,  thinking  men  and  women  who  recognize  in  the 
child  problem  the  problem  of  problems.  Herein,  they  have 
discovered,  lie  the  forces  which  move  civilization  toward 
weal  or  toward  woe.  How  to  regulate  these  forces  is  a 
question  that  ranks  above  all  other  questions.    And  so  the 


HON.   EPHRAIM   BANNING 


ORIGIN  OF  THE  JUVENILE  COURT  LAW.  49 

movement  begun  humbly  in  the  late  Judge  Kurd's  office  in 
Chicago,  December  10,  1898,  now  claims  disciples  in  every 
section  of  the  country.  They  are  to  be  numbered  by  the 
thousand,  and  are  to  be  found  in  the  churches  and  in  the 
schools,  in  the  clubs  and  in  social  organizations  of  every 
description,  in  the  academic  sections  of  the  learned  profes- 
sions, and  especially  among  the  men  who  shape  a  nation's 
destiny  into  its  permanent  form,  the  thinkers  and  students 
in  the  domain  of  active  research  in  our  great  universities. 
The  movement  gathers  strength  every  day,  intellectual 
strength;  it  is  enlisting  recruits  all  the  time,  thoughtful, 
educated  men  and  women,  their  sympathies  with  their 
struggling  kindred,  the  class  that  has  in  every  age  fur- 
nished the  guides  and  leaders  in  all  great  social  move- 
ments. 

This  is  a  movement  whose  growth  and  full  force  cannot 
yet  be  measured  by  statistics,  though  the  statistics  avail- 
able are  enlightening  and  well  worthy  of  study.  Twenty 
states  have  followed  the  lead  of  Illinois,  and  in  twice  as 
many  of  our  great  cities,  courts,  probation  officers  and 
specially  trained  observers  are  grappling  with  the  difficult 
problem  of  how  to  deal  with  the  dependent,  the  delinquent 
and  the  defective  among  the  child  population.  The  active, 
positive  work  of  rescue  and  regulation  being  accomplished, 
great  as  it  is,  must  be  ranked  as  second  in  importance  to 
its  investigation  and  research  phases.  Every  'Juvenile 
Court  is  a  laboratory.  Everyone  of  its  sessions  is  a  clinic 
— of  priceless  value  to  science  and  to  society.  The  causes 
that  produce  delinquency,  the  infantile  disease  that  in  later 
years  broadens  into  crime,  are  here  diagnosed  and  tabu- 
lated. Inferences  are  arranged  into  appropriate  group- 
ings, and  effects,  apparently  divergent  and  different,  cred- 
ited to  their  generic  causes.  The  sources  curacy,  the  ques- 
tion of  remedy  arises  next.  The  scientist  engaged  in  his 
laboratory  assiduously  seeking  some  mystic  vims  to  save 
mankind  from  physical  disease,  has  not  a  higher  or  nobler 


50  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

mission  than  that  which  aims  to  check,  and  to  reduce  to  a 
minimum,  if  possible,  to  eradicate,  the  germs  of  child 
abnormalities  which  in  their  development  are  the  scourge 
of  society. 

It  would  be  impossible  to  overestimate  the  importance 
of  the  problems  embraced  in  the  field  of  operations  covered 
by  the  Juvenile  Court  law.  These  problems  affect  every 
section  of  the  community,  from  the  most  obscure  cranny 
in  a  slum  to  the  gilded  drawing  room  of  the  millionaire's 
palace.  No  person  can  afford  to  ignore  them.  They  influ- 
ence not  only  the  Nation's  health,  but  the  Nation's  life. 
Of  what  avail  are  wealth,  splendor,  international  prestige, 
if  the  millions  of  men  and  women  upon  which  these  depend 
for  permanency  have  in  their  midst  perennial  springs  of 
degeneracy  and  moral  disease?  Therefore  it  is,  that  we 
find  all  the  agencies  of  civilization,  the  press,  the  school, 
the  pulpit,  the  legislative  bodies,  local,  state  and  national, 
co-operating  in  the  effort  to  cope  with  an  ever-increasing 
youthful  delinquency. 

In  Chicago  the  movement  has  been  singularly  fortunate 
in  the  number  and  quality  of  its  supporters.  The  begin- 
ning made  by  the  late  Judge  Hurd  and  his  associates  was 
skillfully  and  intelligently  followed  up  by  Judge  Tuthill 
and  an  increased  guard  of  enthusiastic  workers.  All  the 
time  it  gained  in  strength  and  importance.  Today  its  fail- 
ure is  impossible. 

No  more  convincing  evidence  of  this  could  be  cited  than 
the  unanimity  and  earnestness  with  which  the  county  and 
city  authorities  joined  in  the  movement  which  eventuated 
in  the  Juvenile  Court  buildings.  Chicago  is  to  have  a 
model  children's  block — court  house,  school,  dormitories, 
with  appropriate  offices  and  appurtenances.  This  group 
of  buildings  will  be  situated  in  the  most  densely  populated 
section  of  the  city,  the  section,  too,  from  which  most  of  the 
material  for  the  court  work  is  expected  to  be  drawn. 
Adjoining  the  buildings  will  be  playgrounds  and  a  small 


ORIGIN  OF  THE  JUVENILE  COURT   LAW.  51 

park.  The  design  is  to  make  the  scheme  of  fcaildings 
attractive  and  beautiful  as  well  as  useful  and  educative. 

To  name  the  projectors  of  this  enterprise,  wh^re  all 
deserve  unqualified  praise,  could  only  be  accomplished  at 
the  risk  of  doing  injustice,  by  omission,  to  others  who 
have  equally  strong  claims  to  notice.  Cook  county,  repre- 
sented by  the  president  of  the  county  board,  the  Hon.  E. 
J.  Brundage,  and  his  associate  commissioners,  received  a 
most  loyal  and  hearty  co-operation  from  the  city,  to  repre- 
sent which  the  Hon.  Mayor  Dunne  appointed  an  energetic 
committee  of  citizens,  everyone  of  whom  was  known  to  be 
especially  interested  in  philanthropic  work.  The  Board  of 
Education,  too,  through  a  zealous  committee,  rendered  val- 
uable aid,  both  moral  and  financial. 

In  this  movement,  destined  to  contribute  largely  to  the 
fame  and  glory  of  Chicago  and  Cook  county,  there  was  no 
politics  and  no  dissension.  If  rivalry  there  was,  either  be- 
tween the  bodies  which  sent  delegates  to  the  joint  commit- 
tee or  between  the  members  of  the  joint  committee  as  indi- 
viduals, it  was  the  laudable  rivalry  of  how  best  to  advance 
the  humane  enterprise  which  was  dear  to  the  heart  of  each 
and  everyone  of  those  interested.  It  was  peculiarly  a 
Chicago  spirit — the  spirit  which  Chicago  knows  how  well 
:to  put  forth  when  interests  which  she  holds  sacred  are 
concerned. 

Time  or  change  will  not  weaken  this  spirit:  they  can 
;only  strengthen  it.  Though  the  personnel  representing 
public  sentiment  in  elective  and  appointive  offices  must 
necessarily  be  different  at  different  times,  the  sentiment 
itself  when  grounded  upon  right  and  justice  and  charity, 
remains  ever  the  same.  The  humane  feelings  back  of  the 
'Juvenile  Court  law  and  of  the  movement  generally  to  do 
justice  by  the  erring  young  in  their  first  wanderings  from 
the  straight  and  narrow  path  is  stronger  in  Chicago  today 
than  ever  it  was.  Recent  political  changes  have  transferred 
its  destinies  not  to   strangers  but  to   friends  who  have 


62  ORIGIN  OF  THE  JUVENILE  COURT  LAW. 

already  given  proof  of  their  devotion  to  the  interests  of  the 
child.  The  Hon.  E.  J.  Bnindage,  leaving  the  presidency 
of  the  county  board  to  enter  upon  the  duties  of  corporation 
counsel,  finds  only  a  wider  field  of  opportunity  and  in- 
creased power  to  help  along  the  noble  work  which  has 
already  received  so  much  of  his  energy  and  good  will. 
In  the  city's  chief  magistrate,  the  Hon.  Mayor  Busse, 
friends  of  the  child-saving  movement  recognize  an  old 
ally  and  a  tried  supporter.  They  remember  him  as  one 
of  the  stanehest  advocates  of  the  first  Juvenile  Court  bills 
and  St.  Charles  School  for  Boys,  which  he  aided  in  pass- 
ing when  he  served  in  the  Legislature  at  Springfield.  The 
outlook  is  bright,  indeed,  for  the  operation  and  develop- 
ment of  the  Juvenile  Court  law.  Its  friends  may  well  an- 
ticipate for  it  a  future  of  great  accomplishment. 


JUVENILE   COURTS 

WHAT  THEY  HAVE 
ACCOMPMSHED 


JUVENILE  COURTS 

WHAT  THEY  HAVE  ACCOMPLISHED 


CHAPTER  I 


WHAT  THE  JUVENILE  COURT  IS 

There  is  something  in  the  half-famished  cry  of  a 
neglected,  ill-treated  child  that  reaches  the  heart  of  the 
most  unsympathetic  adult,  touches  the  chords  of  sympathy 
that  have  been  silent,  perhaps  for  years,  and  sets  them  to 
vibrating.  The  helpless  wail  of  a  poverty-stricken,  sin- 
environed  child  is  maddening  to  one  interested  in  that 
branch  of  sociology  which  deals  with  the  saving  of  the 
child.  It  forces  him  to  go  deeper  and  deeper  into  the 
causes  which  produce  such  pitiful  and  shameful  conditions, 
in  the  hope  of  finding,  if  possible,  some  remedy  for  them. 

Potentially,  the  Juvenile  Court  law,  as  adopted  by  the 
Legislature  of  the  State  of  Illinois,  provides  the  solution 
of  the  entire  economic  problem — ^the  problem  of  ignorance, 
poverty  and  crime.  The  possibilities  and  probabilities  of 
the  Illinois  Juvenile  Court  law  broaden  and  deepen  as  the 
student  of  economics  analyzes  it  section  by  section,  sen- 
tence by  sentence.  It  appears  to  the  enthusiast  to  be  the 
very  ultima  thule  of  legislation,  securing,  if  intelligently 
•enforced,  the  gTeatest  possible  good  for  the  greatest  num- 
ber of  people,  and  bringing  about  in  time  a  millennial 
condition,  as  each  phase  of  the  law  is  developed. 

The  real  meaning  of  the  Juvenile  Court  law,  the  mo- 
tives underlying  its  adoption  and  the  attitude  taken  by 
the  court  and  officers  in  administering  it  must  be  thor- 
oughly understood  in  every  detail  before  an  intelligent 
conclusion  can  be  reached  as  to  the  results  already  accom- 
55 


56  WHAT  THE  JUVENILE  COURT  IS. 

plished  by  the  workings  of  the  law,  and  the  possible  results 
that  may  be  brought  about  in  the  future. 

The  fundamental  idea  of  the  Juvenile  Court  is  so  simple 
it  seems  anyone  ought  to  understand  it.  It  is,  to  be  per- 
fectly plain,  a  return  to  paternalism.  It  is  the  acknowl- 
edgment by  the  State  of  its  relationship  as  the  parent  to 
every  child  within  its  borders.  Civilization  for  years  lost 
sight  of  this  relationship  and  as  a  consequence  the  utter 
demoralization  of  society  was  threatened.  The  child,  suf- 
fering for  the  sins  of  its  natural  parents,  the  outcast,  ille- 
gitimate child,  so  to  speak,  of  the  state,  conmiitted  some 
petty  depredation,  was  arrested  and  at  the  first  arrest 
became  a  criminal  with  his  hand  raised  against  every  man 
and  every  man's  hand  raised  against  him. 

The  state  recognized  its  duty  towards  the  child  only 
to  the  extent  of  providing  prisons  in  which  to  lock  him  up 
when,  driven  by  the  forces  of  evil  on  all  sides,  he  became 
a  criminal,  a  menace  to  his  fellow  beings  and  a  direct 
charge  upon  the  state  for  the  period  of  his  natural  life. 

What  chance  was  there  for  these  poor  little  waifs  of 
fortune,  these  human  derelicts,  drifting,  rudderless,  upon 
the  turbid  stream  of  life?  If  they  walked  the  streets,  as 
they  usually  did,  they  became  steeped  in  the  very  dregs  of 
degradation.  If  the  arm  of  the  law  exerted  itself  to  the 
extent  of  forcing  them  to  remain  at  home  the  conditions 
surrounding  them  were  often  infinitely  worse  than  they 
would  have  been  had  the  children  been  allowed  to  remain 
on  the  streets.  What  could  one  expect  from  such  condi- 
tions except  the  result  that  was  inevitable — the  ultimate 
outlawry  of  the  child?  The  little  ones  did  not  eat  three 
times  a  day — nay,  an  entire  day  frequently  passed  with- 
out a  morsel  of  food  passing  their  mouths.  Sometimes  the 
child  had  shoes  to  cover  its  feet.  More  often,  however, 
the  little  feet  were  unprotected  even  in  the  cold  of  frosty 
winter.  Often  he  had  no  covering  for  his  head  and  no 
protecting  woolens  underneath  the  single  tattered  garment 


WHAT  THE  JUVENILE  COURT  IS.  57 

that  served  to  cover  his  nakedness,  but  offerd  little  shelter 
from  the  elements.  This  pallid  child  of  fortune — ill  for- 
tune— swore  like  a  fiend,  haunted  saloons  and  places  of 
general  ill  repute,  mixed  in  the  society  of  thieves  and  peo- 
ple with  the  most  vicious  tendencies,  bawled  along  the 
streets,  shouted  and  fought,  stole  when  opportunity  offered, 
and  was  frightened  at  nothing  except  the  form  of  a  blue- 
coated  policeman  looming  in  the  distance.  Weather-beaten, 
feverish  from  lack  of  nourishment  or  because  of  the  liquor 
which  they  had  imbibed,  these  children  cf  the  street  pre- 
sented a  problem  which  the  child  saving  societies  were 
unable  to  cope  with  because  there  was  no  law  under  which 
they  could  work  in  attempting  to  save  the  little  ones  from 
their  awful  surroundings.  If  they  were  arrested  and  taken 
to  jail  their  doom  was  sealed  forever.  The  stigma  remained 
on  their  forehead  as  long  as  they  lived.  From  the  date  of 
their  first  arrest  and  incarceration  in  jail  with  older  crim- 
inals they  became  outlaws  in  every  sense  which  that  word 
implies. 

Those  interested  in  saving  the  little  ones  from  the  fear- 
ful future  which  seemed  to  be  yawning  for  them  realized 
that  the  fountain  head  of  the  evil,  vice  and  crime  as  well 
as  of  virtue  and  honor,  was  to  be  found  in  the  home  sur- 
roundings of  the  child.  The  wisest  efforts  to  reform  abuses 
were  thwarted  by  homes  that  were  depraved.  It  was  real- 
ized that  the  real  criminal  was  not  the  individual  himself, 
but  the  entire  social  body  that  permitted  conditions  to 
exist  which  could  produce  only  criminals.  It  was  realized 
also  that  a  great  good  would  be  accomplished  if  some  way 
could  be  devised  by  which  the  home  surroundings  of  the 
child  could  be  corrected  and  by  which,  if  possible,  the 
parents  could  be  educated  to  be  more  serious  and  to  be 
cleaner  both  physically  and  mentally.  Failing  in  this,  it 
was  felt  if  means  could  be  found  by  which  the  child  could 
be  entirely  removed  from  the  home  and  placed  where 
proper  influences  would  surround  it,  three-fourths  of  the 


58  WHAT  THE  JUVENILE  COURT  IS. 

depravity  and  sin  which  had  been  cursing  both  the  indi- 
vidual in  particular  and  society  in  general  might  be  re- 
moved. Then,  in  time,  as  the  children  grew  up  into  self- 
respecting,  law-abiding  men  and  women  instead  of  legal 
outcasts,  the  corrective  influence  would  be  more  far-reach- 
ing in  its  results  and  the  final  outcome  would  be  that  all 
the  refuse  of  humanity  would  be  cast  aside  into  a  heap  and 
society  would  rest  on  a  secure,  wholesome  basis. 

Such  a  condition  of  affairs  was  dreamed  of  by  those 
interested  in  humanity.  Remembering  that  the  state  has 
after  all,  the  right,  in  the  absence  of  proper  care  from  the 
natural  parents,  to  step  in  and  take  upon  itself  the  work 
which  the  natural  parents  had  proved  themselves  unable  to 
do,  they  evolved  from  their  necessity  the  Juvenile  Court  law 
of  the  State  of  Illinois. 

The  state  demands  of  the  natural  parent  certain  duties 
which  the  natural  parent  can  perform  more  perfectly 
because  God  has  implanted  in  the  hearts  of  men  a  love 
of  offspring  which  make  them  suitable  guardians  for  their 
children,  provided  they  understand  what  their  duties  are 
and  are  inclined  to  attend  to  them.  In  short,  the  state 
expects  the  parents  to  exercise  these  powers  wisely  and  to 
the  very  best  advantage  of  the  child  intrusted  to  their  care. 
But  the  state  demands  as  a  necessity  for  the  wholesome  and 
healthy  growth  of  the  child  as  well  as  for  the  protection  of 
every  other  person  under  its  jurisdiction,  that  the  parent 
shall  bring  up  the  child  in  an  environment  and  under  cir- 
cumstances that  will  make  him  a  good,  law-abiding  citizen. 

Sometimes,  however,  where  the  parents  themselves  have 
lacked  the  proper  care  and  training  in  their  youth,  they 
are  not  fitted  to  assume  the  responsibilities  placed  upon 
them  by  God.  Mentally  and  spiritually,  they  them- 
selves are  children,  lacking  the  traits  and  training  neces- 
sary to  make  them  proper  persons  to  have  the  care,  custody 
and  education  of  a  young  child. 

Naturally,  it  would  have  been  a  difficult  matter  for  a 


WHAT  THE  JUVENILE  COURT  IS.  59 

charitable  society  under  the  old  conditions  to  step  in  and 
make  fuU-grown  men  and  women  realize  their  inability  to 
care  for  their  own  offspring,  and  it  would  have  been  quite 
as  difficult  a  matter  to  reconcile  the  child  to  that  same  fact. 
The  Juvenile  Court  law  grasped  at  this  tangled  situation, 
straightened  out  the  threads  and  re-established  the  relation- 
ship of  parentage  on  the  part  of  the  state.  It  made  it  pos- 
sible for  the  state,  where  it  was  informed  of  lack  of  care 
on  the  part  of  the  natural  parent,  to  step  in  and  to  take 
upon  its  own  shoulders  the  future  of  the  little  mite  of 
humanity. 

If  a  natural  parent  should  take  a  child  of  tender  age, 
who  had  committed  his  first  offense,  and  throw  him  into  a 
cell  where  he  would  come  into  contact  with  the  lowest  dregs 
of  humanity,  with  the  probability  that  he  would  become 
from  that  time  on  a  hardened  criminal  because  of  his  en- 
forced association  with  criminals,  the  Visitation  and  Aid 
Society  would  proceed  at  once  to  protect  the  child  from 
such  an  unnatural  father.  Standing  in  its  relation  of 
parent,  the  state  is  no  more  justified  in  carrying  out  such  a 
line  of  conduct  than  the  natural  parent  would  be.  It  is 
morally  responsible  for  every  criminal  manufactured  by 
such  enforced  confinement  of  young  children  with  hard- 
ened criminals.  As  things  were,  before  the  state  took  cog- 
nizance of  her  relationship  to  every  child  wandering  its 
streets  or  living  in  surroundings  that  tended  to  ruin  him, 
the  main  duty  of  legislation  was  to  devise  punishments  to 
fit  almost  every  crime  on  the  calendar.  The  fact  that  an 
ounce  of  prevention  was  better  than  a  pound  of  cure, 
especially  taking  into  consideration  the  fact  that  the  pound 
of  cure  was  so  small  as  to  be  entirely  lost  in  the  vast  ocean 
of  crime  which  it  was  supposed  to  control,  was  never  taken 
to  heart  by  those  interested  in  the  affairs  of  the  state.  This 
condition  of  things  was  not  peculiar  to  Illinois.  The  same 
apathy  regarding  intelligent  legislation  looking  towards 
the  perfecting  of  the  character  of  the  child  has  been  met 


60  WHAT  THE  JUVENILE  COURT  IS. 

with  in  every  state  where  an  attempt  has  been  made  to 
secure  better  legislation.  But  large-hearted  persons  inter- 
ested in  child-saving  finally  roused  themselves  and 
demanded  that  some  steps  should  be  taken  along  this  line. 
Thus  the  Juvenile  Court  law  was  born. 

It  is  not  the  object  of  the  Juvenile  Court  to  punish  the 
children  brought  before  it.  In  fact,  the  entire  thought  of 
those  who  framed  the  law  was  to  banish  all  idea  of  crime 
and  punishment  and  to  overcome  entirely  the  positive  evil 
of  a  jail  commitment  and  a  former  trial.  Far  from  appear- 
ing to  punish  the  child,  it  is  the  one  thought  of  the  Juvenile 
Court  to  inquire  into  his  home  surroundings,  and  if  they 
are  found  to  be  such  as  to  cause  the  growing  citizen  to  be 
not  only  his  own  worst  enemy,  but  a  menace  to  the  public 
at  large  as  well,  the  Juvenile  Court  pursues  one  of  two 
courses.  Either  it  removes  him  entirely  from  the  surround- 
ings that  make  for  vice  and  places  him  in  some  institution 
or  in  a  private  home  where  his  evil  tendencies  may  be  cor- 
rected, or,  if  it  seems  possible  that  through  the  agencies 
which  the  court  may  bring  to  bear,  the  home  life  of  the 
child  may  be  improved,  the  court  permits  the  parents  to 
retain  control  of  the  little  one  until  it  is  proved  conclusive- 
ly that  they  are  unable  or  unfit  to  care  for  him.  It  was 
intended  by  the  f  ramers  of  the  Juvenile  Court  law  that  the 
court,  in  administering  the  law,  should  go  much  deper  into 
the  study  of  child-life  than  a  mere  attempt  at  punishment 
for  any  small,  specific  depredation  would  permit.  It  was 
intended  that  the  court  should  search  out  and  remove  the 
primary  cause  of  the  deflection  from  the  paths  of  rectitude. 
Perhaps  the  cause  is  found  to  lie  with  the  parents  of  the 
child,  who  treat  him  so  cruelly  and  make  the  home  life  so 
unpleasant  that,  in  sheer  self-defense,  he  runs  away.  Fol- 
lowing the  natural  order  of  things,  because  vice  is  always 
pictured  to  the  child  by  his  vicious  companions  as  some- 
thing very  beautiful,  the  little  thing  naturally  runs  after 
what  appears  so  bright  and  alluring  to  his  eyes.    He  is 


WHAT  THE  JUVENILE  COURT  IS.  -  61 

unprotected  because  there  is  no  wise,  guiding  hand  to  turn 
him  back  into  the  "straight  and  narrow  way,"  and  no  voice 
to  warn  him  that  the  shining  thing  which  looks  so  red  and 
luscious  is  only  a  dead  sea-apple  that  will  turn  to  ashes  in 
his  hand.  As  naturally  as  a  stone  falls  to  the  ground,  he 
falls  into  the  company  of  bad  children  who  teach  him  vici- 
ous habits.  In  such  a  case,  the  child,  individually — that  is  to 
say,  the  soul  of  the  child — is  not  a  criminal,  nor  should  he 
be  classed  as  one  because  some  one  older  in  crime  coaxes 
him  into  committing  some  depredation  which  the  child  him- 
self does  not  realize  is  a  violation  of  the  laws  of  the  state. 
Under  such  circumstances  the  state  itself  would  be  commit- 
ting a  crime  to  throw  the  youngster  among  criminals  as  a 
punishment  for  what  he  has  done. 

At  this  juncture  the  'Juvenile  Court  steps  in,  through  the 
agencies  which  it  is  able  to  bring  to  bear,  searches  into  the 
life  of  the  child  and  places  the  blame  for  the  overt  act 
where  it  belongs — invariably  on  the  parents  themselves.  It 
recognizes  the  primary  cause  for  this  temporary  downfall 
of  the  child  in  the  lack  of  proper  parental'  care,  and  places 
the  little  one  in  some  home  or  institution  or  under  the  care 
of  some  probation  officer.  Here  he  will  be  looked  after 
and  loved,  trained  and  advised  in  a  way  that  he  can  under- 
stand in  what  is  the  right  and  what  is  the  wrong  thing  for 
him  to  do,  and  why  it  is  right  or  wrong. 

Or  perhaps  the  court  finds  that  the  parents  are  indigent 
or  utterly  unable,  although  willing  and  anxious,  to  provide 
for  their  children  in  a  way  which  the  welfare  of  the  chil- 
dren and  of  the  public  absolutely  demands.  In  this  case, 
also,  the  child  is  placed  where  it  will  receive  proper  care 
and  training.  In  this  latter  instance  it  will  be  remarked 
that,  so  far,  no  delinquent  tendencies  have  developed  in  the 
child.  But  the  court,  analyzing  the  circumstances,  realizes 
that  the  conditions  surrounding  the  child  are  such  that 
delinoueney  is  almost  sure  to  develop,  and  it  steps  in  and 
cares  for  the  child  before  he  has  a  chance  actually  to  fall. 


62  WHAT  THE  JUVENILE  COURT  IS. 

This  illustrates  what  is  perhaps  the  most  beautiful  side  of 
the  Juvenile  Court  law,  which  constantly  presents  new 
beauties  as  it  is  considered  from  different  points  of  view. 
It  is  like  a  va«t  forest,  which  develops  fresh  and  more 
entrancing  scenes  as  we  advance  closer  to  its  heart. 

There  is  still  another  phase  of  the  law,  and  that  is  the 
relation  of  the  Juvenile  Court  to  the  parents  of  the  child 
who  has  appeared  before  it.  The  court  stands  in  the  light 
of  a  parent  or  guardian  to  the  child.  To  the  parent  it  is  an 
elder  brother,  offering  encouragement  and  helpful  advice 
as  to  how  the  home  may  be  improved  and  the  environment 
of  the  children  and  of  the  family  generally  sweetened  and 
purified,  Wliile  the  visit  of  the  probation  officer  to  the 
home  is  made  primarily  in  the  interests  of  the  particular 
child  entrusted  to  his  care,  it  really  proves  beneficial  to 
the  entire  family,  and  through  the  family  to  the  entire  com- 
munity, for  one  family  lifted  above  its  sordid  surroundings 
and  given  a  new  and  more  helpful  ambition  in  life  will 
have  a  direct  and  noticeable  effect  for  good  upon  its  neigh- 
bors. 

The  probation  system  is  the  cord  upon  which  alLthe 
pearls  of  the  Juvenile  Court  are  strung.  It  is  the  keynote 
of  a  beautiful  harmony.  Without  it  the  Juvenile  Court 
could  not  exist.  Upon  the  intelligence  and  application  of 
the  probation  officer  depends  the  successful  operation  of  the 
court.  The  state  of  Illinois  could  not  furnish  institutions 
lenough  to  care  for  all  the  children  brought  before  the 
court.  All  children  are  not  in  circumstances  which  would 
warrant  the  court  in  taking  them  from  their  parents,  and 
yet  they  must  be  followed  up  and  their  future  conduct  and 
the  conduct  of  their  parents  must  be  enquired  into.  The 
probation  system  enables  the  court  to  leave  the  child  in  his 
own  home,  and  at  the  same  time '  provides  some  one  who 
shall  act  at  once  as  guardian  to  the  child  and  as  teacher  to 
the  parents,  educating  them  to  a  point  where  they  are  cap- 
able of  themselves  assuming  the  powers  of  guardianship 


WHAT  THE  JUVENILE  COURT  IS.  63 

towards  their  own  child.  With  the  great  right  arm  of  the 
law  of  the  State  of  Illinois  back  of  him,  the  probation  offi- 
cer can  go  into  the  home  and  demand  to  know  the  cause 
of  the  dependency  and  to  build  upon  its  ruins  the  founda- 
tions of  a  higher,  better  citizenship.  He  becomes  practical- 
ly a  member  of  the  family  and  teaches  that  family  lessons 
of  cleanliness  and  decency,  of  truth  and  integrity.  Threats 
may  be  necessary  in  some  instances  to  enforce  the  lessons 
he  teaches,  but  whether  by  threats  or  cajolery,  by  appealing 
to  their  fear  of  the  law  or  by  rousing  the  ambition  that  lies 
latent  in  each  human  soul,  he  teaches  the  lesson  and  trans- 
forms the  entire  family  into  individuals  whom  the  state 
need  never  again  hesitate  to  own  as  citizens.  One  child  in 
a  family,  who  has  had  his  soul  awakened  to  his  possibilities 
in  the  future  if  he  will  only  follow  the  path  of  rectitude, 
has  an  influence  that  cannot  be  measured  upon  the  entire 
family.  One  home  cleansed  and  beautified,  uplifted  into  a 
clearer,  more  healthful  atmosphere  of  thought  and  action, 
has  an  influence  for  good  upon  the  entire  community 
which,  like  the  ferment  of  yeast,  is  bound  to  enliven  the 
entire  mass.  The  perfection  of  charity  is  not  to  help  the 
whining  ones  who  demand  at  the  hand  of  public  bounty  a 
crust  of  bread  and  a  roof  to  cover  their  mendicant  heads. 
The  purest  charity  lies  in  looking  into  conditions  before 
the  cry  for  help  becomes  necessary  and  in  placing  the 
future  beggar  or  criminal  in  such  environments  that  there 
will  be  no  necessity  for  a  cry  for  aid  from  his  fellow  men. 
To  sum  up,  then,  the  foundation  idea  of  the  Juvenile 
Court  law  in  providing  for  the  care  of  the  dependent  or 
delinquent  child  is  not  an  idea  of  punishment  for  crime  or 
for  mendicancy,  for  the  law  does  away  entirely  with  all 
idea  of  crime  or  beggary  as  applied  to  a  child.  The  work  of 
the  court  is  to  inquire  into  the  causes  of  the  dependency  or 
delinquency,  to  find  why  the  child  went  wrong  in  the  first 
place,  to  remove  the  cause  of  the  fall  from  grace,  and  to 
start  the  little  one  on  the  right  road. 


RESULTS 
OF 

JUVENILE 
COURTS 


HON.   JOHN   C.   NEWCOMER 


CHAPTER  II 

RESULTS  OBTAINED  BY  THE  OPERA- 
TION OF  THE  JUVENILE  COURT 

An  old  English  adage  reads  that  ' '  The  proof  of  the  pud- 
ding is  in  the  eating."  Going  a  little  further  back  in  his- 
tory, our  Master  said,  ' '  For  every  tree  is  known  by  his  own 
fruit.  For  of  thorns  men  do  not  gather  figs,  nor  of  a 
bramble  bush  gather  they  grapes."  And  so  long  ago  that 
even  tradition  is  unable  to  settled  the  date,  the  Book  of 
Good  Counsels  advises  us  that  "Good  things  come  not  out 
of  bad  things." 

Those  interested  in  the  Juvenile  Court  law  have  been 
more  than  gratified:  they  have  been  heartily  enthusiastic 
over  the  results  which  have  been  brought  about  by  the  oper- 
ation of  the  Juvenile  Court.  The  highest  hopes  of  the  earn- 
est people  who  framed  the  law  have  been  more  than  real- 
ized, and  the  end  is  not  yet  in  sight.  The  law  is  being 
interpreted  day  by  day  in  a  way  that  reaches  right  down 
into  the  heart  of  evil  and  promises  to  tear  out,  in  time,  the 
roots  which  cause  the  growth  of  bad  citizenship.  Inasmuch 
as  Illinois  was  the  first  state  to  provide  a  court  where  chil- 
dren's cases  might  be  considered  apart  from  the  civil  and 
criminal  cases  of  adult  petitioners,  the  eyes  of  the  whole 
world  are  fixed  upon  the  Juvenile  Court  and  definite 
results  are  eagerly  sought  for. 

Judge  M.  F.  Tuley  (deceased),  said:  "This  is  the  great- 
est law  ever  enacted  by  the  state  of  Illinois.  I  have  such  a 
high  appreciation  of  the  lasting  benefits  that  must  follow 
the  judicious  administration  of  this  act,  it  would  be  with 
great  reluctance  that  I  throw  anything  in  the  way  of  its 
'67 


68  RESULTS  OF  THE  JUVENILE  COURTS. 

operation,  I  believe  that  it  is  effecting  more  good  in  this  city 
and  county  than  all  that  the  Criminal  court  could  possibly 
effect,  and  that  it  will  effect  more  good  in  one  year  than 
the  Criminal  court  can,  by  punishment,  effect  in  ten  years, 
or  even  twenty."  Judge  Tuley  made  this  statement  while 
the  Juvenile  Court  was  still  in  its  first  youth,  before  any 
definite  results  could  be  adduced  as  having  been  accomp- 
lished through  the  working  of  the  court. 

A  short  time  after  Judge  Tuley  had  expressed  himself 
as  favorably  impressed  with  the  theory  underlying  the 
Juvenile  Court  law,  Assistant  State's  Attorney  Howard  0. 
Sprogle,  who  has  watched  the  cases  coming  before  the  Cook 
County  Grand  Jury  for  years,  spoke  as  follows  regarding 
the  results  of  the  operation  of  the  Juvenile  Court  as  he  had 
observed  them  in  the  Grand  Jury  room :  '  *  The  effect  of  the 
Juvenile  Court  upon  the  number  of  cases  coming  before 
the  Criminal  court  is  very  patent, ' '  explained  Mr.  Sprogle. 
"About  2,000  cases  a  year  are  handled  by  Judge  Tuthill 
of  children  between  the  ages  of  ten  and  sixteen.  Of  this 
number,  perhaps  ten  or  twelve  a  year  are  sent  to  the  Grand 
Jury  by  Judge  Tuthill  for  indictment  for  the  purpose  of 
having  them  sent  to  Pontiae,  when  that  institution  seems 
to  be  the  proper  place  for  them.  These  ten  or  twelve  cases 
which  invariably  come  to  the  Criminal  court  from  Judge 
Tuthill's  court  and  from  no  other  sources,  are  the  only 
eases  of  youthful  criminals  handled  by  the  Grand  Jury. 
It  would  be  safe  to  say  that  two  hundred  cases  a  year  less 
are  handled  by  the  Grand  Jury  since  the  existence  of  the 
'Juvenile  Court  than  came  under  its  notice  before  the  new 
law  went  into  effect. 

"Before  the  Juvenile  Court  was  established,  all  cases  of 
boys  detected  in  crime  came  to  the  Criminal  court  in  the 
regular  course  of  events.  Not  less  than  fifteen  cases  of  boys 
under  the  age  of  sixteen  years  came  before  the  Grand  Jury 
every  month.  The  crimes  usually  charged  against  the 
lads  were  burglary,  petty  depredation  upon  freight  cars, 


RESULTS  OF  THE  JUVENILE  COURTS.  69 

candy  or  bake  shops,  or  stealing  pigeons  or  rabbits  from 
bams;  hoodlum  acts  which  in  the  country  would  be  con- 
sidered boyish  pranks  rather  than  crime.  Not  less  than 
seventy-five  per  cent  of  these  cases  were  regularly  thrown 
out  by  the  Grand  Jury  because  of  the  tender  age  of  the 
boy.  The  deplorable  fact  must  be  admitted,  however,  that 
most  of  this  seventy-five  per  cent  turned  loose  by  the  Grand 
Jury  eventually  were  returned  and  indicted  later  for 
repeated  offenses.  The  cause  of  this  was  not  difficult  to 
locate.  The  poisonous  effect  of  the  police  station  and  jail 
experience  clung  to  the  boy  after  he  was  turned  loose  by 
the  Grand  Jury.  The  badness  he  had  learned  while  under 
confinement  he  rolled  under  his  tongue  as  a  choice  morsel. 
He  retailed  it  to  his  companions,  thus  spreading  the  infec- 
tion and  also  starting  other  youths  upon  the  same  path 
of  crime  in  which  he  had,  himself,  left  several  footprints. 
Almost  before  the  fact  was  realized  he  had  developed  into 
a  criminal  and  had  drifted  back  to  the  Criminal  court, 
which  knew  him  frequently  from  that  time  on." 

Perhaps  in  no  place  outside  of  the  Juvenile  Court  itself 
can  the  good  results  brought  about  by  the  operation  of  that 
court  be  observed  to  better  advantage  than  in  the  County 
Jail.  There  for  many  years  previous  to  the  enactment  of 
the  Juvenile  Court  law  the  officials  had  endeavored  to  care 
for  the  youth  so  unfortunate  as  to  come  under  the  ban  of 
laws  then  in  force,  in  such  a  way  as  to  prevent  him,  as  far 
as  possible,  from  being  harmed  spiritually  and  mentally 
by  having  his  heart  hardened  and  his  spirit  broken  by  his 
enforced  confinement  for  weeks  or  months  with  vicious  and 
degenerate  adults.  It  was  the  constant  attempt  of  those  in 
charge  of  the  County  Jail  to  enable  the  youths  under  their 
care  to  retain  their  self-respect  and  self-confidence,  and  to 
teach  them  such  lessons  that  they  would  be  able  after  leav- 
ing the  jail  more  easily  to  withstand  temptation  and  to  lead 
better  lives.  Long  before  the  'Juvenile  Court  law  became  a 
reality,  the  agitation  of  the  women's  clubs  and  other  socie- 


70       RESULTS  OF  THE  JUVENILE  COURTS. 

ties  interested  in  child-saving  work  and  reform  along  the 
line  of  caring  for  the  unfortunate  little  ones  who  came 
under  the  ban  of  the  law,  had  caused  the  jail  officials  to 
open  a  school  in  the  County  Jail,  where  the  small  offenders 
were  compelled  to  learn  lessons,  whether  they  desired  to  do 
so  or  not.  This  agitation  also  brought  about  the  building 
of  the  John  Worthy  school,  where  the  young  children  sent 
out  to  the  Bridewell  could  be  kept  separate  from  the  older 
criminals.  But  this  only  provided  for  the  care  of  those 
who  came  under  the  attention  of  the  jail  officials  in  the 
regular  order  of  sentence  and  commitment — it  had  no  deter- 
rent effect  upon  the  source  of  the  evil.  In  March,  1901, 
when  the  Juvenile  Court  had  been  in  existence  only  about 
a  year  and  a  half.  Jailer  John  L.  Whitman,  of  the  Cook 
County  Jail,  made  a  written  statement  regarding  the  influ- 
ence of  the  court  upon  the  number  of  small  boys  coming  to 
the  County  Jail.  His  statement  is  copied  in  full,  as  it  gives 
a  better  and  more  definite  idea  of  the  good  results  arising 
from  the  administration  of  the  Juvenile  Court  law  than 
anything  that  has  been  said  regarding  it.  Mr.  Whitman 
wrote  as  follows : 

"I  am  a  firm  believer  in  preventive  measures  for  doing 
away  with  social  ills  rather  than  in  those  cure-alls  which 
are  the  delight  of  so  many  reformers.  It  has  been  evi- 
denced by  the  operation  of  the  Juvenile  Court  that  the 
most  good  can  be  accomplished  by  making  the  effort  to 
reclaim  our  wayward  boys  and  girls  from  the  career  of 
crime  which  too  soon  opens  its  alluring  arms  for  the  friend- 
less and  homeless  of  our  cities,  who,  by  the  inevitable  vicis- 
situdes of  metropolitan  life,  are  early  cast  into  swift  con- 
tact with  the  terrible  temptations  of  their  environments. 

"Previous  to  the  enactment  of  the  law  governing  the 
cases  of  juvenile  offenders  there  were  committed  to  the 
jail  each  year  an  average  of  five  hundred  and  seventy-five 
boys  under  sixteen  years  of  age.  These  boys  were  arrested 
on  criminal  chargs,  tried  as  criminals,  and  if  convicted, 


RESULTS  OF  THE  JUVENILE  COURTS.  71 

sentenced  to  serve  time  in  penal  institutions  under  the 
same  laws  that  governed  the  eases  against  adults.  The 
Juvenile  Court  does  not  denominate  offenders  of  minor 
years  as  "criminals,"  and  it  cannot  be  properly  said  that 
those  whose  tender  years  are  incapable  of  deliberation  shall 
be  denominated  criminals  when  the  very  essential  elements 
of  crime  are  impossible  to  their  immaturity  of  body  and 
mind.  The  word  criminal,  and  the  suggestions  engen- 
dered in  its  employment,  rather  convey  the  idea  of  deliber- 
ate and  rational  devotion  of  life  and  faculties  to  the  com- 
mission of  crime.  So  the  Juvenile  Court  rightly  denomi- 
nates the  youthful  offenders  as  delinquent,  and  with  kindly 
advice  and  a  mild  restraint  in  some  cases  carefully  leads 
them  from  the  path  of  crime,  diverts  their  young  minds 
from  evil  and  educates  them.  Many  will  be  found  who, 
after  such  treatment,  courageously  enter  highways  of  truth, 
honesty  and  self-help. 

**  Since  the  Juvenile  Court  has  been  in  operation  not 
over  twenty  boys  under  the  age  of  sixteen  have  been  sent 
to  jail,  and  they  were  boys  who  had,  early  in  life,  started 
upon  a  career  of  crime,  and  their  environments  were  such 
as  to  justify  the  court  in  inflicting  more  permanent  reform- 
atory measures.  Some  of  these  were  sent  to  Pontiac.  Prac- 
tically speaking,  however,  there  is  now  no  one  under  the 
age  of  sixteen  years  committed  to  jail. 

"When,  under  the  law,  they  were  committed  to  jail,  every 
effort  was  made  by  the  officials  to  better  their  condition  if 
possible.  A  school  was  established  within  the  jail,  and  the 
moral  influence  of  the  teacher  over  them  as  well  as  the  edu- 
cational advantages  derived  from  the  school  was  a  source  of 
benefit  to  many.  But  now  that  the  Juvenile  Court  has 
relieved  the  authorities  at  the  jail  of  the  care  of  this  class  of 
boys  and  is  benefiting  them  in  a  more  substantial  way,  we 
have  the  opportunity  to  do  for  the  older  class  of  boys  what 
we  did  for  the  younger  class  before  the  Juvenile  Court  was 
in  operation,  and  the  result  of  our  efforts  has  been  very 


72       RESULTS  OF  THE  JUVENILE  COURTS. 

gratifying  in  the  older  class  as  well  as  in  the  younger  class. 
With  the  large  majority  of  the  boys — in  fact,  I  might  say, 
without  exception — it  will  be  found  that  they  are  suscepti- 
ble to  the  melting  influences  of  the  teacher's  patient,  win- 
ning ways.  They  learn  rapidly  and  are  eager  for  the  stim- 
ulus of  education,  and  oftentimes  leave  the  jail  with  a  new 
ambition  in  life. 

"The  Juvenile  Court  is  most  effectually  caring  for  the 
delinquents,  I  know  that  they  do  not  develop  into  crimi- 
nals, otherwise  they  would  be  brought  before  the  Criminal 
court  and  into  jail  as  they  reach  or  pass  the  age  of  six- 
teen. What  is  being  done  for  the  delinquents  by  the  Juve- 
nile Court  and  what  can  be  accomplished  by  our  best  effort 
at  the  jail  for  those  just  past  the  age  of  delinquency  will, 
in  the  near  future,  prove  to  be  the  most  potent  agency  for 
the  suppression  of  crime  that  has  yet  been  projected,  and 
will  hasten  the  day  when  the  crime  disease,  so  far  as  youth 
is  concerned,  shall  have  been  cured  away." 

At  the  time  the  above  statement  was  written  by  Mr. 
Whitman,  Miss  Nellie  J.  Flood,  the  teacher  of  the  jail  boys, 
wrote  as  follows  upon  the  same  subject : 

"For  the  past  four  years  I  have  had  charge  of  all  boys 
who  have  come  under  the  ban  of  the  law  and  have  been 
placed  in  Cook  County  Jail.  From  daily  experience,  close 
observation  and  study  of  the  juvenile  offender,  I  am  where 
I  can  see  the  effects  and  advantages  of  the  recent  enact- 
ment passed  for  the  benefit  of  the  juvenile  offender. 

"I  think  these  boys  may  be  divided  into  three  grades. 
First,  the  boy  who,  in  a  spirit  of  mischief  rather  than  wick- 
edness, breaks  windows,  steals  a  few  pigeons  or  flips  cars. 
To  the  second  grade  belong  the  flrst  offender  who,  per- 
chance, by  reason  of  dire  necessity  or  having  fallen  into 
bad  company,  wilfully  breaks  the  law.  To  the  third  grade 
belong  the  chronic  offenders  who  are  steeped  in  crime  and 
are  better  acquainted  with  the  dark  side  of  life  than  the 
average  man. 


RESULTS  OP  THE  JUVENILE  COURTS.  73 

"My  position  in  the  jail  previous  to  the  enactment  of 
the  Juvenile  Court  law  was  that  of  investigation  conunit- 
tee,  probation  officer,  counsel  ministering  to  their  temporal 
needs,  and  teacher,  all  in  one.  All  these  various  grades  of 
boys,  ranging  from  eight  to  sixteen  years  of  age,  were 
brought  to  the  jail,  where  a  separate  department  and 
school  was  established  and  maintained  for  their  benefit. 
The  average  attendance  at  the  school  varied  from  thirty  to 
sixty.  During  the  three  years  previous  to  the  enactment 
of  the  Juvenile  Court  law  there  were  1,705  boys  brought 
to  the  jail  school,  none  of  whom  were  over  sixteen  years  of 
age.  The  number  was  so  large  that  the  loys  sixteen  years 
old  and  over  could  not  take  advantage  of  the  school  and  its 
benefits.  Since  the  enactment  of  the  Juvenile  Court  law — 
that  is,  during  the  past  two  years — there  have  been  brought 
to  the  jail  799  boys,  not  more  than  a  dozen  of  whom  have 
been  under  sixteen,  who  were  sent  from  the  Juvenile  Court. 
Now  the  school  attendance  is  composed  of  boys  over  sixteen 
whom  I  separate  into  the  same  grades  as  I  did  those  of 
younger  years — that  is  to  say,  the  mischievous,  the  first 
offender  and  the  chronic  offender. 

*  *  Every  boy  has  lying  dormant  in  him  a  power  for  great 
good  and  possibilities  for  either  good  or  evil.  If  the 
course  is  evil,  the  duty  is  to  divert  it,  if  possible,  by  such 
treatment  as  the  case  may  call  for.  This  the  Juvenile 
Court  aims  at,  to  encourage  the  good  and  restrain  the  evil 
in  the  juvenile  delinquents.  The  effect  of  the  Juvenile 
Court  law  has  been  a  protection  to  the  first  and  second 
grades  of  offenders  of  whom  I  have  spoken  before,  and  it 
gives  them  an  opportunity  of  immediate  trial,  when  their 
cases  are  passed  upon  by  judges  experienced  in  dealing 
with  children." 

But  the  vast  majority  of  children  coming  before  the 
Juvenile  Court  are  dependent  children.  By  lifting  them 
from  their  dependency,  by  taking  them  away  from  a  home- 
less life  or  from  so-called  homes  which  were  worse  than  un- 


74       RESULTS  OF  THE  JUVENILE  COURTS. 

fit — homes  where  drunkeniiess  and  poverty,  and  evil  and 
crime,  rendered  the  atmosphere  positively  mephitie  by  re- 
moving these  hundreds  of  little  ones  from  their  awful 
environment  and  placing  them  in  homes  or  institutions 
where  they  will  receive  exactly  the  care  each  individual 
case  demands,  the  Juvenile  Court  has  stepped  into  the  lives 
of  numberless  human  beings  at  the  most  critical  period  of 
their  existence,  saved  them  from  shame  and  crime,  and 
lifted  them  to  a  plane  where  they  can  grow  and  expand  in 
God's  good  sunshine  and  become  happy,  useful,  law-abid- 
ing men  and  women.  The  beneficial  effects  of  the  proba- 
tion system  are  everywhere  apparent  to  those  who  are 
making  a  close  study  of  the  workings  of  the  Juvenile 
Court.  One  of  the  most  important  things  to  be  remem- 
bered in  studying  the  probation  system  is  the  fact  of  its 
value  from  an  economic  point  of  view.  Since  the  Juvenile 
Court  has  been  in  existence,  over  15,000  cases  have  been 
turned  over  to  the  loving,  watchful  care  of  probation 
officers.  It  has  been  estimated  by  the  superintendent  of 
the  John  Worthy  school  that  an  expenditure  of  sixty  cents 
per  day  is  necessary  properly  to  care  for  the  boys  under 
his  charge.  The  enormous  amount  of  money  necessary 
to  care  for  these  little  ones  had  it  been  necessary  to  house 
them  in  institutions  instead  of  placing  them  in  charge  of  a 
probation  officer  and  forcing  their  parents  to  provide  for 
them,  can  be  readily  figured  out,  especially  when  it  is 
taken  into  consideration  that  the  estimate  of  sixy  cents  per 
day  for  each  child  would  not  cover  the  cost  of  the  buildings 
necessary  to  house  this  vast  number. 


DEPENDENT 
DAY 

JUVENILE 
COURT 


CHAPTER  III 

A  DAY  IN  THE  JUVENILE  COURT- 
DEPENDENT 

MONDAY,  JUNE  10,   1901 

There  is  one  thing  about  the  Juvenile  Court  of  Cook 
county,  Illinois,  presided  over  by  Judge  Richard  S.  Tut- 
hill,  that  marks  it  as  peculiar  when  compared  with  every 
other  court-room  in  the  grim  old  county  building,  and  that 
is  the  number  of  children  crowding  every  nook  and 
cranny  of  the  big,  vaulted  chamber.  There  is  no  class 
among  the  little  ones.  For  the  moment  caste  is  lost  sight 
of  as  each  small  face  looks  about  it  with  a  strained,  wist- 
ful, questioning  expression.  Rich  and  poor,  high  and  low, 
vicious  and  refined,  they  all  have  one  single  idea,  and  they 
have  dwelt  on  that  idea  until  they  have  fairly  hypnotized 
themselves  into  awed  silence:  "What  is  the  meaning  of 
this  and  what  are  they  going  to  do  with  me?" 

The  little  one  is  frightened.  He  sees  blue-coated  men 
standing  about.  To  a  child  a  blue  coat  is  naturally  asso- 
ciated only  with  a  policeman,  who  will  ''catch  him  if  he 
don't  look  out."  No  one  realizes  that  the  quivering  brain 
in  each  small  citizen  is  tired  from  the  effort  made  in  at- 
tempting to  figure  out  what  he  has  done  that  should  make 
it  necessary  for  the  "bad  man  to  get  him."  So  no  one 
tells  him  that  the  blue-coated  men  are  bailiffs  of  the  court, 
and  that  it  is  not  their  work  to  eat  up  little  children — for 
really  such  ideas  do  find  their  way  into  the  hesitating, 
clouded  brains  of  the  future  small  wards  of  the  court — but 
to  see  that  order  is  maintained  in  the  court-room.  No  one 
explains  to  the  child  that  he  has  done  nothing  wrong; 
77 


78  DEPENDENT-DAY  IN  THE  JUVENILE  COURT. 

but  that  ever  since  he  was  bom  he  has  been  suffering  for 
the  wrongdoings  of  his  parents  or  guardians,  wrongdoings 
over  which  he  had  no  control,  but  which  made  it  impossible 
for  him  to  have  the  chance  in  life  which  God  meant  him  to 
have  when  He  allowed  him  to  come  into  the  world.  No 
one  explains  to  him  that  the  kind-looking,  gray-bearded 
man  sitting  up  above  him  has  no  thought  of  punishing 
him,  but  that,  on  the  contrary,  he  is  a  good  spirit  who 
is  coming  into  his  home,  and  that  he  intends  to  wave  his 
wand  of  power  and  bring  sunshine  and  hope  and  love  and 
light  into  his  dwarfed  little  life.  If  all  this  could  be 
explained  to  the  poor  little  fellow,  there  would  not  be  so 
much  weeping  and  wailing  and  sobbing  for  mothers  in  and 
about  the  court-room  as  sometimes  may  be  heard  there. 

This  sorrowful  wailing  of  children  who  are  being  separ- 
arted  from  their  parents  has  a  tendency  to  impress  a  casual 
visitor  to  the  Juvenile  Court  with  the  thought  that  D'udge 
Tuthill  is  a  sort  of  human  Juggernaut  riding  over  the  lives 
and  hearts  of  parents  and  children,  cruelly  separating 
them  from  each  other  and  breaking  up  families.  But  if 
the  critic  will  delve  deeper,  only  a  little  deeper  than  the 
surface  of  things,  it  will  be  brought  to  his  attention  that 
it  is  not  the  welfare  of  the  parents  which  must  be  studied 
by  those  administering  the  law,  nor  for  that  matter,  the 
welfare  of  the  children  as  individuals  alone.  The  real 
question  to  be  studied  is  the  question  of  dealing  with  the 
family  in  general  and  the  child  in  particular  in  its  relation 
to  the  child  in  the  future  and  in  relation  to  its  influence 
upon  the  great  public  at  large.  The  judge  of  the  Juvenile 
Court  must  be  looked  upon,  in  a  way,  as  a  sort  of  Record- 
ing Angel,  who  takes  all  the  information  at  hand,  gazes 
into  the  past,  present  and  future  of  the  child,  and  decides 
to  bring  into  his  life  just  the  thing  which  is  needed  at 
that  moment  to  set  at  work  the  influences  which  will  pro- 
duce the  desired  effect  upon  his  future.  Each  day  of  the 
child's  life,  if  he  is  left  in  the  old  home  surroundings  with- 


DEPENDENT-DAY  IN  THE  JUVENILE  COURT.  79 

out  the  benefit  of  the  care  which  a  probation  officer  might 
be  able  to  give  him,  adds  new  intricacies  to  the  problem 
which  the  judge  must  solve  as  to  what  agency  is  the  best 
to  employ  in  saving  him.  A  child  who  today  is  simply 
neglected,  may  be  dependent  tomorrow,  truant  the  next 
day  and  a  delinquent  the  day  after  that.  It  is  possible, 
by  bringing  the  child  into  court  early  in  his  small  career, 
and  correcting  the  neglected  condition,  to  save  him  from 
future  delinquency  and  perhaps  from  positive  crime. 

While  those  little  ones  who  have  never  before  been  in 
court  are  gazing  about  them  in  awed  fear  and  expectancy, 
the  adults,  no  more  accustomed  to  the  environments  of  a 
court-room  than  their  frightened  offspring,  discuss  their 
separate  and  individual  cases  in  smothered,  half-frightened 
voices  or  curiously  follow  with  their  eyes  the  bailiffs  and 
other  officials  of  the  court  as  they  carry  on  their  routine 
work.  A  steady  stream  of  people  winds  its  way  from  the 
clerk's  desk  to  the  office  of  the  Chief  Probation  Officer. 
The  drone  of  voices,  like  the  noise  of  a  runaway  colony 
of  bees,  increase  in  volume  as  the  crowd  in  the  room  be- 
comes larger.  Then  a  door  opens.  Judge  Tuthill  enters 
the  front  of  the  room  and  briskly  walks  to  his  bench.  The 
change  that  is  wrought  by  the  opening  of  that  door  is 
magical.  Solomon  in  all  his  glory  would  not  have  been  met 
with  a  more  respectful  silence  than  that  which  falls  upon 
this  motley  crowd  of  people,  this  heterogeneous  aggrega- 
tion from  the  under  world,  unused  to  greeting  with  a 
respectful  silence  any  person  or  happening. 

The  bailiff's  gavel  falls,  and  the  Juvenile  Court  of  Cook 
county  is  declared  open  and  ready  to  consider  the  cases 
which  are  to  come  before  it. 

So  intricate  are  the  problems  coming  before  the  court 
to  be  solved  that  to  an  outsider  it  would  seem  that  the 
judge  must  be  possessed  of  the  wisdom  of  Solomon.  Some- 
times the  ease  should  have  been  taken  to  a  divorce  court 
rather  than  to  one  dealing  with  the  question  of  child-sav- 


80  DEPENDENT-DAY  IN  THE  JUVENILE  COURT. 

ing.  Sometimes  it  ought  not  to  have  been  brought  at 
all.  Some  eases  are  worse  than  mediocre  in  their  common- 
placeness,  while  some  are  so  pitiful  they  bring  tears  to  the 
eyes  of  those  who  had  forgotten  they  could  cry.  Being  a 
father,  Judge  Tuthill  is  able  not  only  to  take  up  the  case 
from  the  standpoint  of  the  welfare  of  the  child,  but  he  is 
able  as  weU  to  judge  wisely  of  the  feelings  and  real  mo- 
tives of  the  parent.  Some  of  the  children  are  dressed  in 
silks  and  show  every  evidence  of  wealth  and  refinement; 
some,  on  the  contrary,  are  poorly  dressed,  and  the  officers 
of  the  court  tell  heart-rending  tales  of  finding  the  little 
ones  with  only  one  garment  on  their  back,  filthy  with  ver- 
min, hungry  and  deserted.  The  flotsam  and  jetsam  from 
the  murky  ocean  of  life  are  cast  ashore  on  the  Juvenile 
Court.  Then  the  good  is  sorted  out  from  the  bad  and  each 
case  is  disposed  of  in  exactly  the  right  way. 

Here  are  some  representative  eases  chosen  from  among 
those  that  came  before  the  judge  of  the  'Juvenile  Court 
one  day.  They  will  illustrated  the  workings  of  the  court 
and  be  of  more  value,  perhaps,  to  one  who  is  a  stranger  to 
the  law  and  the  court  than  any  remarks  that  could  be 
made: 

A  little  child,  six  months  old,  was  brought  before  the 
court.  It  looked  in  a  feeble,  quizzical  sort  of  way  at  the 
crowd  about  it  and  set  up  a  wail  when  it  realized  that  it 
was  in  strange  surroundings.  The  fact  was  brought  out, 
in  this  case,  that  the  father  of  the  little  one  had  lived  with 
its  mother  less  than  a  year,  and  that  he  denied  the  pater- 
nity of  the  child.  One  night,  when  the  baby  was  about 
a  month  old,  the  mother  took  it  to  the  house  where  her 
husband  was  boarding,  and  with  an  oath,  threw  it  on  the 
floor  at  his  feet,  with  the  information  that  he  might  care 
for  it  in  the  future.  He,  not  believing  that  the  child  was 
his,  took  it  to  the  Foundling  asylum.  The  authorities  of 
the  Foundling  asylum  brought  it  into  court.  The  mother 
used  the  most  vicious  language  while  in  court,  and  was 


MR.   FRANK  O.  SOULE 


DEPENDENT-DAY  IN  THE  JUVENILE  COURT.  81 

with  difficulty  restrained  from  attempting  to  injure  her 
husband.  The  baby  was  sent  to  St.  Vincent's  Infant  asy- 
lum, and  as  it  was  being  carried  out  of  the  court-room  a 
perceptible  shudder  ran  through  the  crowd.  Every  one 
instinctively  looked  from  the  mother  to  the  father,  pic- 
tured the  terrible  fate  that  would  have  been  in  store  for 
the  baby  had  it  been  left  to  grow  up  in  such  a  home,  and 
breathed  a  silent  "God  bless  the  Juvenile  Court." 

When  the  next  case  was  called  a  man  came  forward 
leading  by  the  hand  a  boy  of  about  fourteen,  while  in  his 
arm  he  carried  a  little  two-year-old  girl  whose  face  was  so 
hidden  in  a  great  sunbonnet  that  her  features  could  not 
be  easily  distinguished.  Both  of  the  children  were  good- 
looking,  bright-appearing  youngsters  and  apparently  the 
father  cared  a  great  deal  for  them.  But  he  was  Polish, 
and  had  peculiar  ideas  of  his  own  in  regard  to  the  bringing 
up  of  children.  He  had  been  seen  by  the  neighbors  and 
by  the  lady  in  whose  house  he  boarded  to  beat  the  boy  about 
the  head  with  his  fists.  On  one  occasion,  it  was  said — and 
he  did  not  deny  it — he  beat  the  boy  because  he  was  sick 
and  vomited  on  the  bed,  not  being  able  to  lift  his  head 
over  the  side  of  the  bed.  The  boy  was  deaf  and  it  was 
claimed  that  this  deafness  was  due  to  the  beatings  he  had 
received  at  his  father's  hands.  The  mother  was  dead,  but 
evidence  was  produced  to  show  that  the  father  took  good 
care  of  the  children,  and  after  thinking  the  matter  over 
the  court  gave  him  a  lecture  on  the  proper  way  to  treat 
a  growing  boy  and  allowed  the  two  children  to  remain  in 
his  custody  and  under  his  care,  paroling  them  to  Miss 
Blinn. 

The  next  case  brought  out  a  story  of  abandonment.  A 
Polish  woman  brought  four  children  with  her  when  she 
came  to  the  witness  stand.  She  had  been  abondoned  by 
her  husband,  who  had  done  the  same  thing  many  times 
before,  and  she  found  that  she  was  unable  to  care  properly 
for  the  four  children,  as  she  worked  out  by  the  day.    Just 


82  DEPENDENT-DAY  IN  THE  JUVENILE  COURT. 

at  this  juncture  one  of  her  friends  came  forward  and 
offered  to  give  her  and  her  four  little  ones  a  home  as  long 
as  she  wanted  to  stay  with  her.  The  court  allowed  her  to 
keep  the  children,  with  the  understanding  that  they  should 
live  with  this  kind  friend,  and  the  case  was  continued 
pending  further  developments. 

Drink  had  been  the  curse  of  the  E family.     Two 

bright  boys,  looking  so  much  alike  that  they  might  have 
been  taken  for  twins,  were  brought  into  court.  The  prin- 
cipal of  the  school  which  the  boys  attend  was  the  most  im- 
portant witness  in  this  case.  He  said  that  they  were 
good  boys  and  smart  in  school.  But  the  father  drank,  and 
they  had  been  almost  naked  and  half -starved  at  times.  The 
father,  on  taking  the  stand,  stated  that  he  could  not  deny 
what  had  been  said,  and  the  two  boys  were  sent  to  the 
Illinois  Manual  Training  school  at  Glenwood,  where  they 
would  have  plenty  to  eat  and  good  and  sufficient  clothes 
to  wear.  They  would  attend  school  regularly  and  be  free 
from  the  evil  home  influences  which  had  surrounded  them 
since  their  mother  died.  At  first  the  boys  were  frightened 
almost  into  tears  when  told  they  were  to  go  to  an  institu- 
tion, thinking  they  were  to  be  punished  for  something  they 
had  done.  But  when  the  beautiful  truth  of  the  matter  was 
told  them  their  eyes  glistened  with  happiness  and  they  be- 
gan at  once  making  expectant  plans  for  the  future. 

Flossie  K —  is  a  little  colored  girl,  whose  mother  is  dead. 
She  has  been  living  with  her  sister  since  her  mother  died, 
and  according  to  the  showing  of  the  colored  probation  of- 
ficer of  the  court,  Mrs.  McDonald,  she  was  in  a  deplorably 
filthy  condition  when  found.  Her  underclothing,  so  it  was 
said,  had  not  been  changed  for  months,  and  her  general 
condition,  physically  and  otherwise,  was  pitiful.  But  the 
sister  pleaded  so  hard  with  Judge  Tuthill  when  he  sug- 
gested taking  the  child  away  from  her  and  cried  so  pite- 
ously  that  the  judge  finally  decided  to  allow  her  to  keep 
Flossie,  for  a  time  at  least,  and  paroled  her  to  the  care  of 
Mrs.  McDonald. 


DEPENDENT-DAY  IN  THE  JUVENILE  COURT.  83 

The  next  case  concerned  Harry  and  Lillie  T.  Their 
father  was  said  to  be  dead.  Their  mother  was  obliged  to 
do  washing  to  support  the  two  children.  As  this  took  her 
away  from  home  the  greater  part  of  the  time,  she  could 
not  keep  the  children  in  school  and  off  the  streets,  and  she 
asked  the  court  to  send  them  to  some  institution,  where 
they  would  receive  proper  care.  They  were  sent  to  the 
Guardian  Angels'  Orphan  asylum. 

The  case  of  the  four  T children — George,  Mary, 

Frank  and  Willie — seemed  to  puzzle  the  court  for  a  time. 
Both  father  and  mother  were  alive  and  both  were  in 
court.  They  engaged  in  a  duet  of  crimination  and  recrim- 
ination in  the  presence  of  the  children  which  made  the 
blood  of  the  listeners  run  cold  when  they  thought  of  chil- 
dren listening  to  such  charges  against  their  father  and 
mother.  It  was  proved  that  the  father  used  vile  language 
before  the  children,  and  it  was  also  proved  that  the  mother 
was  an  habitual  drinker.  The  father  was  well  able  to  care 
for  his  family,  and  after  viewing  the  matter  from  all  sides 
the  court  sent  the  children  back  home  and  placed  them 
under  the  care  of  a  probation  officer.  Judge  Tuthill's 
talk  with  the  father  and  mother  ought  to  bring  about  good 
results.  He  begged  them  both  to  sign  the  pledge  and 
reform.  He  told  them  to  forget  the  past,  and  never  to 
talk  together  about  the  things  that  were  past,  but  to  start 
out  new  and  right,  to  stop  drinking  and  go  to  church,  and, 
above  all,  to  remember  their  duty  to  their  children.  Both 
parents  cried  and  promised  to  do  this.  Time  will  tell  what 
effect  their  enforced  visit  to  the  Juvenile  Court  will  have 
on  them  and  on  their  children. 

The  hour  hand  had  long  ago  reached  and  passed  the 
mark  of  twelve  on  the  dial  of  the  clock,  but  the  grind  of 
cases  went  on  until  all  the  dependent  children  had  been 
disposed  of.  Then  and  then  only  did  the  gavel  of  the 
bailiff  fall  as  a  signal  that  those  in  the  court-room  were 
at  liberty  to  leave  if  they  chose  to  do  so. 


DELINQUENT 
DAY 

JUVENILE 
COURT 


CHAPTER  IV 

A  DAY  IN  THE  JUVENILE  COURT- 
DELINQUENT 

MONDAY,  JUNE  10,   1901 

The  afternoon  session  of  the  Juvenile  Court  of  Cook 
county,  Illinois,  begins  at  2  o'clock,  and  at  this  session  all 
cases  of  delinquent  boys  and  girls  are  dealt  with  by  the 
court.  The  impression  left  upon  the  mind  of  a  visitor  to 
the  court  when  cases  of  dependent  children  are  being 
passed  upon  is  that  of  sobbing  children,  destitute,  helpless, 
abandoned  or  coming  from  a  home  that,  sc  far  as  the  moral 
atmosphere  is  concerned,  might  as  well  have  been  built 
on  a  pirate  isle.  The  imprint  is  made  on  the  brain  of 
defiant  mothers  and  fathers,  who  really  do  love  their  chil- 
dren, although  they  have  failed,  through  ignorance,  to 
give  intelligent  expression  to  that  love,  and  who  cannot 
be  made  to  understand  the  justice  that  takes  their  off- 
spring away  from  them. 

The  afternoon  session  of  the  Juvenile  Court — the  court 
of  delinquency — is  as  different  from  the  court  of  depen- 
dency which  sat  in  the  same  room  in  the  morning  as  day 
is  different  from  darkness.  One  accustomed  to  the  work- 
ings of  the  court  could  tell  in  a  moment,  after  glancing 
casually  at  the  people  in  the  court  room,  whether  dependent 
or  delinquent  cases  were  being  brought  to  the  attention  of 
the  tourt.  There  is  never  so  large  a  crowd  present  in  the 
afternoon  as  that  which  listens  to  the  proceedings  of  the 
morning  session.  Officers  of  the  court,  probation  officers, 
witnesses  and  the  parents  of  the  children  wait  for  Judge 
Tuthill  to  take  his  place  on  the  bench.  The  curiosity-seek- 
ers of  the  morning  are  absent. 
87 


88  DELINQUENT-DAY  IN  THE  JUVENILE  COURT. 

Judge  Tuthill  acts  at  all  times,  in  dealing  with  the 
juvenile  offenders,  upon  the  theory  that  "The  quality  of 
mercy  is  not  strained."  When  a  child  is  brought  before 
him  for  a  first  offense  the  judge  seems  upon  every  occasion 
to  search  for  the  smallest  point  that  will  justify  him  in 
returning  the  child  to  his  parents  instead  of  sending  him 
to  some  institution.  A  great  deal  of  weeping  on  the  part 
of  the  child,  and  a  few  tears  thrown  in  for  good  measure 
by  the  older  relatives,  are  almost  sure  to  touch  the  judge's 
heart  and  to  cause  him  to  display  every  bit  of  clemency 
which  he  consistently  can  grant.  Children  are  frequently 
brought  into  court  a  second  time,  and  emboldened  by  the 
success  of  the  tactics  they  brought  to  bear  on  the  occasion 
of  their  previous  visit,  weep  piteously  and  beg  for  judicial 
clemency.  Tears  may  act  as  a  poultice  to  draw  Judge 
Tuthill 's  heart  out  in  pity  toward  the  weeping  culprit  once, 
but  the  poultice  always  fails  to  work  on  an  attempt  to 
make  a  second  application  of  it.  Let  the  same  child  try 
the  crying  and  sobbing  act  upon  a  second  appearance  be- 
fore him  and  the  expression  on  his  face  will  become  as 
stem  and  frigid  as  it  was  previously  warm  and  sympa- 
thetic. Judge  Tuthill  seldom  fails  correctly  to  read  the 
character  of  the  miniature  men  and  women  that  come  be- 
fore him;  he  knows  from  ripe  experience  how  to  distin- 
guish crocodile  tears  from  genuine  sorrow  for  the  wrong 
action,  and  his  decision  in  a  case  is  never  questioned,  for 
every  person  who  has  heard  the  evidence  in  the  case  feels 
instinctively  that  the  judge  has  done  exactly  right  in  his 
decision. 

As  a  whole,  the  attitude  of  the  court  towards  the  child 
is  such  that,  perhaps  for  the  first  time  in  his  life,  the  child 
realizes  his  responsibility  towards  the  public  around  and 
about  him.  For  the  first  time  he  realizes  his  responsibil- 
ities as  an  individual,  and  the  trouble  which  terminated 
in  the  trip  to  the  Juvenile  Court  becomes  the  mark  of  the 
turning  point  in  his  life — the  cross-roads  branching  towards 


DELINQUENT-DAY  IN  THE  JUVENILE  COURT.  89 

useful,  manly,  law-abiding  citizenship.  Tn  many  instances 
a  short,  enforced  visit  to  the  John  Worthy  school,  or  to 
another  correctional  institution,  brings  out  talents  which 
would  in  all  probability  have  remained  dormant  during  the 
entire  life  of  the  boy  had  he  been  permitted  to  run  at  large. 
This  is  often  proved  by  samples  exhibited  in  the  court  of 
work  which  has  been  done  by  boys  sent  out  to  the  John 
Worthy  school  from  the  Juvenile  Court,  On  one  occasion, 
for  instance,  a  spice  cabinet  was  shown  to  the  court  with 
the  explanation  that  it  had  been  made  by  a  boy  who  had 
been  confined  in  the  John  Worthy  school  for  only  a  few 
months.  Although  the  boy  had  no  knowledge  of  cabinet 
work  previous  to  his  conj&nement  in  that  institution,  the 
little  cabinet  shown  the  court  was  as  perfect  in  detail  and 
outline  as  if  it  had  been  designed  by  one  old  in  the  business. 
Judge  Tuthill,  in  paroling  the  boy  from  the  John  Worthy 
school,  told  him  kindly  that  a  boy  who  could  make  such  a 
cabinet  ought  never  to  allow  himself  to  do  anything  but 
honest  work.  He  endeavored  to  impress  upon  the  boy's 
mind  that  a  brain  which  could  accomplish  such  a  piece  of 
work,  if  directed  in  the  right  channels,  could  make  more 
money  honestly  and  could  enjoy  more  peace  of  mind  than 
through  any  form  of  evil  living.  This  illustrates  the  pivot 
upon  which  the  entire  work  of  the  court  turns.  It  is  the 
constant  effort  of  those  interested  in  administering  the 
Juvenile  Court  law  to  study  the  child  at  all  times  and  to 
develop  his  natural  powers  and  latent  talents,  so  that  it 
will  not  be  necessary,  when  maturity  is  reached,  for  him 
to  be  dishonest  because  of  not  knowing  how  to  do  honest 
work. 

Character  is  of  slow  growth.  What  we  are  tomorrow  is 
a  natural  product  of  evolution.  It  is  the  sum  of  what 
entered  into  our  lives  today  added  to  that  which  influenced 
us  yesterday  and  the  day  before  that.  There  is  no  caste 
in  delinquency.  Over-indulgence  on  the  part  of  wealthy 
parents  may  produce  a  character  in  the  child  in  many 


90  DELINQUENT-DAY  IN  THE  JUVENILE  COURT. 

cases  infinitely  worse  than  that  which  an  evil,  poverty- 
stricken  home  will  develop  in  the  child  of  the  under-world. 
And  when  the  parents  come  into  court  to  try,  if  possible, 
to  get  their  children  out  of  the  trouble  in  which  their 
delinquency  has  landed  them,  rich  and  poor  meet  on  an 
equal  footing.  They  realize  the  awful  sorrow  that  has 
come  into  their  life.  They  realize  that  unless  immediate 
steps  are  taken  the  sorrow  of  today  is  as  nothing  compared 
to  what  the  future  may  have  in  store  for  them,  and  usually 
they  find  it  impossible  to  solve  the  puzzling  problem  alone. 
They  dislike  to  have  their  children  taken  away  from  them, 
but  as  a  rule  they  are  willing  to  have  anything  done  which 
promises  to  check  the  stream  at  the  fountain  head  and  to 
control  the  forces  of  evil  that  seem  to  menace  the  lives  of 
their  children. 

Judge  Hurd,  in  his  speech  before  the  National  Congress 
of  Mothers  at  Columbus,  Ohio,  described  the  following 
representative  case  of  delinquency,  taking  his  facts  from 
the  records  of  the  Juvenile  Court :  "  k  boy  had  stolen 
some  corn  from  a  railroad  car.  A  probation  officer  who 
had  looked  up  the  facts  in  the  case  told  the  court  that  the 
boy  was  one  of  several  hildren.  The  mother  was  a  widow 
who  was  endeavoring  to  support  her  children  by  going  out 
to  work,  but  she  had  been  taken  sick,  and  the  boy  had  sev- 
eral times  been  to  the  railroad,  where  cars  were  standing, 
and  stolen  corn  and  taken  it  home.  The  mother  was  too 
feeble  to  cook  it  and  they  had  eaten  it  raw.  The  boy  did 
not  deny  it.  He  admitted  it  all  and  stood  there  before 
the  judge  quite  unconscious  that  he  had  done  anything 
wrong.  A  young  lawyer  who  had  been  in  the  State  Senate, 
and  who,  according  to  my  recollection,  had  voted  for  the 
law,  was  attracted  by  the  novelty  of  the  proceedings,  and 
arose  and  made  an  impassioned  appeal  to  the  court  in 
behalf  of  the  boy,  contending  that  he  ought  not  to  be  pun- 
ished for  what  he  had  done,  and  that  he  was  not  a  criminal 
though  his  case  came  within  the  letter  of  the  criminal  law. 
The  judge  replied:  'This  is  the  kind  of  case  this  law  was 


DELINQUENT-DAY  IN  THE  JUVENILE  COURT.  91 

made  for.  I  do  not  have  to  regard  this  boy  as  a  criminal. 
Nevertheless  I  must  do  something  for  him.  He  must  not 
be  allowed  to  go  on  stealing,  whatever  may  be  the  neces- 
sities of  the  case,  or  he  will  soon  become  a  veritable  thief. 
What  do  you  suggest  I  shall  do  with  him  ?  The  law  says  I 
may  put  him  in  the  hands  of  a  probation  officer,  and  I  am 
authorized  to  appoint  any  one  probation  officer  whom  I 
please. ' 

'  *  *  Appoint  me, '  was  the  reply.  *  I  will  take  him.  I  will 
guarantee  that  he  will  not  steal  any  more.' 

"I  have  not  followed  up  the  case,  and  cannot  tell  you 
what  has  become  of  the  boy,  but  you  can  see  what  the  judge 
meant  and  what  the  lawyer  meant,  and  how  easy  it  was  to 
remove  from  the  boy  the  necessity  to  steal,  and  how  help- 
ful a  kind  friend  might  be  to  him  and  to  his  poor  mother. ' ' 

The  following  cases  also  came  up  before  the  Juvenile 
Court  one  afternoon  not  long  ago: 

Two  little  Arabian  boys  who  had  been  in  the  'John 
Worthy  school  applied  to  the  judge  to  be  paroled.  They 
were  fourteen  and  eleven  years  of  age  and  had  been  in 
the  school  only  one  week.  Touched  by  their  misery,  Miss 
Olive  L.  Phelps,  teacher  at  the  school,  wrote  a  letter  to 
Judge  Tuthill  which  secured  their  release.  It  seems  they 
had  been  sent  to  the  John  Worthy  school  for  stealing 
kindling-wood  from  freight  cars.  They  had  been  caught 
in  the  act  by  a  railroad  detective,  and  really  things  looked 
very  bad  for  them.  Miss  Phelps,  however,  discovered  that 
the  boys  were  entirely  ignorant  of  our  customs.  Accord- 
ing to  Arabian  customs  they  thought  it  right  to  steal  for 
their  father  and  mother.  "The  older  boy  says  he  is  the 
sole  support,  of  his  parents,"  she  wrote.  "He  burst  into 
tears,  crying,  *0h,  I  cannot  stay  here;  what  will  my  poor 
father  do  without  me?'  They  admit  the  school  is  as  good 
as  home,  but  grieve  constantly  over  their  condition,"  Mrs. 
Sara  Franklin  was  appointed  probation  officer  as  a  precau- 
tion that  their  ignorance  of  American  customs  shall  not 
again  involve  them  with  the  law. 


92  DELINQUENT-DAY  IN  THE  JUVENILE  COURT. 

One  fourteen-year-old  boy  was  a  good  example  of  what 
havoc  bad  home  surroundings  may  cause  in  a  young  boy's 
life.  His  mother  said  the  boy  was  being  ruined  by  his 
father's  coarse  language  and  drunkenness.  The  boy  feared 
his  father  and  ran  away  from  home,  taking  refuge  with 
his  grandmother.  He  had  been  arrested  by  the  police, 
charged  with  stealing  a  dozen  oil  barrels.  He  was  paroled 
to  Probation  Officer  Sherlock,  who  was  instructed  to  keep 
him  at  the  grandmother's  home,  away  from  the  evil  influ- 
ence of  the  father. 

Kitty  was  a  fifteen-year-old  girl  who  had  been  arrested 
for  assaulting  and  attempting  to  rob  a  man  at  midnight. 
She  did  not  appear  to  be  inherently  bad,  and  the  judge 
paroled  her  to  Mrs.  Peavy,  believing  that  she  could  be 
reformed  outside  of  an  institution. 

The  next  four  boys,  who  were  brought  in  together, 
charged  by  a  railroad  detective  with  stealing  grain  from 
a  car,  were  all  sent  to  the  John  Worthy  school  in  the  hope 
that  they  might  have  their  thoughts  diverted  into  a  health- 
ier channel.  Edward  was  fifteen  years  old,  afiflicted  with  a 
step-father.  He  had  been  in  trouble  with  the  police  before, 
but  this  occasion  marked  his  first  visit  to  the  Juvenile 
Court.  Guy,  who  also  was  fifteen  year  old,  was  motherless 
and  had  on  a  previous  occasion  been  arrested  for  stealing 
from  the  cars.  Harry,  who  was  a  year  younger  than  the 
other  boys,  and  was  also  motherless,  was  an  habitual  truant 
and  had  steadily  and  consistently  refused  to  attend  school. 
He  had  served  a  term  in  the  John  "Worthy  school  and  was 
given  a  chance  to  again  avail  himself  of  the  educational 
advantages  offered  by  that  institution.  Joseph,  who  was 
the  baby  of  the  crowd,  being  only  nine  years  old,  had  both 
father  and  a  mother,  but  something  seemed  to  be  wrong 
with  him.  He  had  a  distaste  for  attending  school,  to  which 
he  did  not  hesitate  to  give  vocal  expression,  and  his  feats  in 
connection  with  the  burglarizing  of  a  store  promised  a 
career  of  anything  but  virtue. 


TRUANCY 
DAY 

JUVENILE 
COURT 


CHAPTER  V 

A  DAY  IN  THE  JUVENILE  COURT- 
TRUANCY 

Frank  P was  brought  in  by  Truant  Officer  Austin, 

who  had  known  him  for  five  years,  Frank  was  supposed 
to  go  to  the  Thorp  school,  but  Principal  Ida  Pahlman  said 
that  he  had  been  absent  from  school  213  days  during  the 
past  two  years.  She  told  the  judge  that  he  ran  away 
every  time  the  teacher's  back  was  turned,  and  that  he  was 
addicted  to  two  bad  habits,  lying  and  using  bad  language. 

''How  old  are  you,  Frank?"  asked  the  judge. 

Frank  acknowledged  that  he  was  eleven  years  old,  and 
when  questioned  further  said  that  he  could  not  read,  but 
that  he  could  copy  writing.  He  was  sent  to  the  Parental 
school,  where  he  will  have  to  learn  to  read  and  write. 

Joe  C was  said  to  be  incorrigible.     His  mother 

told  the  court  that  he  was  influenced  by  the  big  boys,  and 
when  with  them  did  many  things  that  were  naughty.  His 
teacher  said  that  for  the  past  year  and  a  half  Joe  had 
scarcely  been  inside  the  school,  and  Mr.  Bodine  said  that 
Joe  was  ever  fond  of  playing  with  matches.  The  janitor 
of  the  school  told  the  court  he  was  the  worst  boy  in  school, 
and  said  that  he  was  continually  getting  into  fights  with 
the  other  boys.  The  court  gave  him  a  lecture  about  keep- 
ing bad  company,  and  told  him  that  a  few  months  in  the 
John  Worthy  school  would  probably  teach  him  to  obey  his 
mother.    He  was  committed  to  the  Parental  school. 

Louis  B did  not  understand  about  taking  the  oath 

to  testify  truthfully,  and  stood  with  his  hand  raised  long 

after  the  oath  had  been  administered,  and  until  the  judge 

told  him  to  take  it  down.    Miss  Cannon,  principal  of  the 

95 


96  TRUANCY-DAY  IN  THE  JUVENILE  COURT. 

Kedzie  school,  told  the  court  that  Louis  had  been  entered 
there  last  January,  but  that  altogether  he  had  only  been 
in  school  about  three  weeks  since  then.  His  mother  said 
that  he  was  ten  years  old,  and  that  he  sometimes  slept  out 
nights,  and  smoked  cigarettes  and  used  bad  language. 

"I  guess  we'll  have  to  send  you  away,  we'll  have  to  give 
him  to  somebody  who  can  make  him  mind,"  said  the  court. 
' '  Would  you  like  to  be  given  away,  or  would  you  rather  go 
home  and  mind  your  mother  ? "  he  was  asked. 

"I  want  to  go  home  and  be  good,"  wailed  Louis. 

The  court  let  him  go,  but  told  Miss  Cannon,  who  is  also 
truant  officer,  to  bring  him  back  the  very  first  time  he  ran 
away  from  school  again,  and  he  would  send  him  to  the 
John  Worthy  school.     There  was  no  reason  why  George 

H ,  the  next  boy,  should  have  taken  money  from  the 

teacher's  purse.  He  has  an  indulgent  father,  able  and 
willing  to  give  him  all  the  money  that  it  is  best  for  him 
to  have.  His  frank  confession  and  evident  repentance 
saved  him  from  punishment  by  the  court,  and  he  was  sent 
home  with  his  father,  who  was  broken-hearted  over  the 
escapade  of  his  son,  and  also  put  under  the  care  of  Truant 
Officer  Austin.  George  solemnly  promised  the  judge  that 
he  would  never  again  take  anything  that  did  not  belong 
to  him,  and  shook  hands  with  the  court  as  a  pledge  of  his 
good  faith. 

Thomas  B and  Frank  R have  known  each 

other  about  six  months.  Shortly  after  they  became  ac- 
quainted they  both  began  to  get  into  trouble  and  to  play 
hookey  from  school.  Their  last  escapade  and  the  one  for 
which  they  were  brought  into  court  was  breaking  into  the 
office  of  the  Cornell  school,  injuring  some  of  the  furniture, 
scattering  chalk  around  and  smashing  some  of  the  windows. 
Each  of  the  two  said  that  the  other  was  to  blame,  but  the 
court  thought  that  they  were  equally  guilty.  The  fathers 
of  both  boys  were  in  court  and  pleaded  with  the  judge 
to  give  them  another  trial.    The  judge  let  them  go  home, 


TRUANCY-DAY  IN  THE  JUVENILE  COURT.  97 

paroled  to  truant  officers,  and  ordered  the  boys  not  to 
associate  with  each  other  any  more. 

"And  judge,  your  honor,"  said  Mr.  R ,  '*do  you 

mind  if  I  use  the  slipper  on  Frank  once  in  a  while?" 

**Not  at  all,"  replied  the  judge,  **on  the  contrary,  I 
think  it  will  do  him  good." 

Theodore  L was  to  have  been  brought  into  court 

by  his  mother,  but  Mr.  Bodine  said  that  he  had  learned 
at  the  last  moment  that  she  had  taken  him  out  of  the  state, 
and  that  he  had  been  sent  to  St.  Louis  to  live  with  some 
relatives.  He  was  charged  with  having  struck  his  teacher 
with  a  stick,  and  Judge  Tuthill  said  that  was  an  offense  he 
would  never  condone. 

The  gavel  fell  and  the  work  of  the  day  was  finished. 
Considerable  sniveling  and  whining  had  been  indulged  in 
by  the  youngsters,  who,  almost  to  a  unit,  used  the  back 
of  their  hands  in  lieu  of  handkerchiefs.  Harsh  words  had 
been  said  in  the  course  of  the  day  and  bitterness  rankled 
in  the  hearts  of  some  who  could  not  be  made  to  see  that 
all  was  happening  for  the  best.  Those  who  knew  and  un- 
derstood all  that  had  been  taking  place,  however,  had  the 
assurance  in  their  hearts  that  every  boy  and  girl  who  came 
before  the  court  that  day  had  been  started  out  on  a  road 
to  a  sweeter,  purer  manhood  and  womanhood  than  would 
have  been  possible  for  them  if  the  Juvenile  Court  had  not 
been  in  existence.  Some  lives  had  been  saved  through  the 
interference  of  the  state,  as  parent.  Some  had  been  turned 
aside  from  a  path  leading  to  the  prison  cell.  The  good 
accomplished  by  this  one  day  in  the  Juvenile  Court  can 
never  be  estimated  or  measured  by  human  standards  of 
measurement,  and  as  day  follows  day  and  the  work  broad- 
ens out  and  becomes  more  comprehensive,  it  becomes  more 
and  more  apparent  that  the  people  of  the  state  of  Illinois 
now  have  the  ax  in  their  hands  which  will  eventually  cut 
down  the  deadly  upas  tree  of  crime  and  evil  that  is  filling 
our  land  with  tramps  and  our  prisons  with  criminals. 


LAWS 
IN 

OTHER 
STATES 


CHAPTER  VI 

JUVENILE  COURT  LAWS  ADOPTED  IN 
OTHER  STATES 

A  new  departure  of  any  description  from  the  existing 
order  of  things  must  be  successful  if  it  would  be  popular. 
Few  human  beings  are  so  constituted  that  they  care  to  be 
actively  identified  with  any  radical  measure  to  the  extent 
of  pushing  it  against  great  opposition.  Reformers  through- 
out the  United  States  realized  that  the  worm  in  the  bud, 
the  poison  that  was  destroying  the  life  of  good  citizenship, 
the  moth  that  was  gnawing  at  the  fabric  of  human  society, 
until  it  was  becoming  tattered  and  disreputable,  was  the 
fact  that  the  rising  generation  was  growing  up  surrounded 
by  seasoned  vice  and  hardened  criminality. ,  They  realized, 
too,  that  if  the  crime  disease  was  ever  to  be  destroyed,  the 
work  of  destruction  must  begin  in  the  homes  and  with  the 
children,  and  that  they  must  be  cured  by  being  educated 
and  loved  out  of  their  ignorance  and  desolation.  Every 
person  interested  in  studying  unfortunate  conditions  and 
helping  people  to  rise  above  them  knew  that  nothing  could 
be  accomplished  along  this  line  without  the  arm  of  the  state 
backing  them  up  in  the  form  of  helpful  legislation.  The 
need  of  legislation  of  this  kind  was  discussed  at  meetings 
and  before  clubs,  but  no  good  was  accomplished  because 
there  was  no  strong,  guiding  hand  back  of  the  movement. 
No  battle  was  ever  yet  won  without  a  master  hand  and 
brain  to  guide  the  army.  The  necessary  leader  was  lack- 
ing among  the  reformers,  and  as  a  consequence,  while  a 
great  deal  of  ammunition  was  used,  most  of  it  was  wasted, 
scattered  and  rendered  ineffective  because  the  aim  was 
poor,  and  the  mouth  of  the  weapon  was  not  turned  squarely 
101 


102  LAWS  IN  OTHER  STATES. 

upon  the  enemy.  Because  the  undertaking  was  such  a 
great  one,  each  state  hesitated  to  take  the  initiative  and 
lead  in  the  fight  against  the  forces  of  evil  and  crime.  At  last 
Illinois  forged  to  the  front,  strong  in  her  earnestness  of 
purpose.  Determined  to  take  a  position  against  the  forces 
of  the  enemy  and  lacking  a  weapon  that  would  enable  her 
to  make  an  intelligent  fight,  she  made  a  weapon  for  her- 
self. The  Juvenile  Court  law  was  the  result.  Not  alone 
the  people  in  Chicago,  but  those  throughout  the  state  vi- 
brated with  joy  when  the  Juvenile  Court  law  was  finally 
passed  and  placed  on  the  statute  books  of  the  state.  Every 
person  interested  in  child-saving  work  up  and  down  across 
the  entire  country  sent  up  to  Heaven  a  prayer  of  thanks- 
giving that  a  leader  had  come  out  of  the  wilderness  of  woe, 
a  leader  who  pointed  the  way  to  a  star  of  hope,  a  leader 
strong  in  battle  with  a  weapon  which  they  could  some  day 
hope  themselves  to  wield. 

Requests  for  copies  of  the  Juvenile  Court  law  began  to 
pour  in  from  all  sides.  These  requests  were  promptly 
answered,  and  copies  of  the  Juvenile  Court  Record  (pub- 
lished by  the  V.  &  A.  Society),  containing  the  necessary 
information,  sent  to  applicants.  Eager  eyes  watched  the 
formation  of  the  Juvenile  Court  in  Cook  county,  Illinois, 
and  anxious  brains  studied  results  to  see  if  the  new  law 
would  be  a  success.  It  was  a  success,  and  then,  with  the 
cry  of  "Eureka,  I  have  found  it,  the  philosopher's  stone 
which  will  transmute  the  base  metal  of  evil  into  the  gold  of 
good.  The  thing  is  a  success,  now  I  will  push  it."  The 
reformers  in  the  several  states  gave  their  enthusiastic  sup- 
port to  an  effort  to  secure  similar  enactments.  Because  the 
Juvenile  Court  law  was  a  success  it  became  popular. 

Agitation  began  at  once  in  other  states  for  a  law  similar 
to  the  one  passed  in  Illinois,  and  those  who  had  helped 
to  frame  the  Illinois  law  were  invited  to  visit  other  states 
and  explain  the  measure  and  the  method  of  administering 
it  in  Cook  county.    The  enthusiasm  even  traveled  across  the 


LAWS  IN  OTHER  STATES.  103 

ocean  and  inspired  the  child-saving  societies  and  charity 
workers  of  London  and  even  of  Japan.  Judge  Hurd  spoke 
before  clubs  and  societies  in  Pennsylvania  and  Ohio.  Wm. 
0.  La  Monte,  clerk  of  the  Juvenile  Court  and  a  deep  stu- 
dent of  the  relation  between  the  law  and  the  child,  ex- 
plained the  theory  and  practice  of  the  legislation  govern- 
ing the  cases  of  juvenile  offenders  to  the  members  of  the 
Wisconsin  legislature  at  Madison.  Mr.  T.  D.  Hurley  spoke 
in  Washington,  D.  C,  in  Baltimore,  Ohio,  Wisconsin  and 
Buffalo.  Judge  TuthiU,  Judge  0.  H.  Horton,  Hastings  H. 
Hart,  LL.  D.,  Mrs.  Lucy  Flower,  Miss  Julia  Lathrop,  Mrs. 
Martha  P.  Falconer  and  Miss  Minnie  F.  Low  were  con- 
stantly on  the  go  telling  others  interested  in  the  work  how 
Illinois  had  solved  the  problem. 

As  a  result  of  all  this  agitation,  laws  similar  to  the 
Juvenile  Court  law  of  Illinois  have  been  enacted  in  Illinois, 
Indiana,  Ohio,  Michigan,  Pennsylvania,  New  York,  New 
Jersey,  Kentucky,  Washington,  D.  C,  Wisconsin,  Iowa, 
Kansas,  Missouri,  Colorado,  Minnesota,  Utah,  Washington, 
Oregon,  California,  Massachusetts,  Connecticut,  Georgia, 
Louisiana,  Delaware,  Texas,  Khode  Island  and  Nebraska. 

It  was  never  contemplated  by  the  child-saving  workers 
in  Illinois  that  the  Juvenile  Court  law  of  Illinois  should 
or  could  be  adopted  in  its  entirety  in  other  states.  The 
thing  to  do  is  to  incorporate  into  the  laws  of  each  state 
those  features  of  the  Illinois  statute  which  are  applicable 
to  the  local  situation.  A  separate  court ;  probation  officers ; 
the  recognition  of  child-saving  societies;  the  exclusion  of 
children  from  prisons;  the  visitation  and  endorsement  of 
institutions  by  an  official,  authoritative  body;  the  com- 
pelling of  parents  to  support  their  children  when  able  to 
do  SO;  each  or  aU  of  these  devices  might  be  found  useful. 
The  principal  feature  of  the  Juvenile  Court  law,  however, 
should  always  be  uppermost  in  the  minds  of  those  inter- 
ested in  securing  similar  laws  in  other  states,  and  that  is 
to  transfer  the  care  and  custody  of  the  person  of  the  child 


104  LAWS  IN  OTHER  STATES. 

to  a  court  of  original  and  unlimited  jurisdiction,  so  that 
the  court  shall  have  sufficient  power  to  deal  with  all  the 
difficulties  that  surround  the  particular  child,  not  only  at 
the  time  that  he  is  brought  into  court  and  becomes  a  ward 
of  the  court,  but  at  any  time  when  he  may  be  summoned  in 
the  future  to  have  his  growing  wants  supplied  by  the  court, 
standing  in  loco  parentis. 


JUVENILE 
PROBATION 


CHAPTER  VII 

JUVENILE   PROBATION 

BEFORE    TRIAL,    AT    TRIAL,    AFTER    TRIAL 

"The  probation  feature  in  my  judgment  is  the  keystone 
which  supports  the  arch  of  the  Juvenile  Law — an  arch 
which  shall  be  as  a  rainbow  of  hope  to  all  who  love  chil- 
dren and  who  desire  that  all  children  shall  be  properly 
cared  for,  and  who  would  provide  such  care  for  those  who, 
without  it,  would  inevitably  lead  vicious  and  criminal 
lives. ' ' 

This  prophetic  statement  was  made  by  Judge  Richard 
Tuthill  at  the  first  session  of  the  Juvenile  Court  in  Chicago. 
This  was  in  July,  1899,  and  we  all  realize  now  that  this 
statement  of  His  Honor  was  not  in  the  least  an  exag- 
geration. 

The  Juvenile  Court  Law  is  plain  and  simple.  No 
complicated,  technical  theories  are  involved  in  the  stat- 
ute. In  short,  it  is  but  a  substitution  of  the  parental 
power  of  the  state  for  that  of  the  criminal  branch 
Where  a  child  inherited  property,  the  courts  were  always 
solicitous  about  its  welfare.  It  was  made  a  ward  of  the 
court,  a  guardian  was  appointed  to  properly  invest  its 
income,  to  supervise  and  look  after  its  personal  wants  and 
education.  Strange  to  say,  the  state  in  the  absence  of 
property  never  felt  that  it  was  called  upon  to  interfere 
with  the  control  or  management  of  the  child  until  it 
became  dependent  or  committed  some  offense  and  then 
and  not  until  then  did  the  state  interfere.  Instead  of  treat- 
ing the  child  in  a  parental,  fatherly  way,  it  was  placed  in 
jail,  prison  or  lock-up,  resulting,  in  most  cases,  in  its 
becoming  a  convict. 

107 


108  JUVENILE  PROBATION. 

The  Juvenile  Court  deals  with  the  child  in  a  way  en- 
tirely different.  It  proceeds  at  once  to  make  it  a  ward  of 
the  court;  to  assume  guardianship  over  it;  to  guide  and 
direct  it  so  that  it  may  become  a  good  and  useful  citizen. 
This  work  is  performed  in  a  great  measure  by  the  pro- 
bation officer,  a  man  or  woman  appointed  by  the  court  and 
invested  with  certain  powers  over  the  child. 

The  Illinois  Juvenile  Court  Law  provides,  section  6 : 

"In  case  a  probation  officer  shall  be  appointed  by  any 
court,  it  shall  be  the  duty  of  the  clerk  of  the  court,  if 
practicable,  to  notify  the  said  probation  officer  in  advance 
when  any  child  is  to  be  brought  before  said  court ;  it  shall 
be  the  duty  of  the  probation  office  to  make  such  investi- 
gation as  may  be  required  by  the  court;  to  be  present  in 
court  in  order  to  represent  the  interest  of  the  child  when 
the  case  is  heard ;  to  furnish  to  the  court  such  information 
and  assistance  as  the  judge  may  require,  and  to  take  such 
charge  of  any  child  before  and  after  trial,  as  may  be 
directed  by  the  court." 

The  probation  officer  should  at  all  times  bear  in  mind 
that  the  normal,  natural  place  for  a  child  is  in  its  own 
home,  provided,  of  course,  that  the  home  is  a  suitable, 
proper  place  for  any  child  to  be  thus  situated.  The  para- 
mount duty  of  the  probation  officer,  as  the  law  provides, 
is  to  represent  the  interest  of  the  child;  to  be,  as  it  were, 
counsel  to  the  child,  and  to  protect  the  child  before  court 
and  after  court  the  same  as  a  good,  patient,  kind,  intelli- 
gent father  or  mother  would  their  own  child. 

The  probation  officer  should  have  a  certain  defined  terri- 
tory, and  to  do  effective  work  should  be  limited  as  to  num- 
ber of  children  under  his  or  her  care.  No  officer  should 
have  over  sixty,  and  certainly  not  to  exceed  seventy-five 
active  probation  cases.  Having  been  assigned  to  a  district, 
it  should  be  his  duty  to  be  thoroughly  conversant  with  the 
schools,  churches,  settlements,  neighborhood  centers,  play- 
grounds, parks  and  places  where  children  ordinarily  gather. 


JUVENILE  PROBATION,  109 

Especially  should  he  be  thoroughly  conversant  with  all  of 
the  places  of  amusement,  the  character  of  people  who  at- 
tend such  places  and  the  character  of  the  amusement  pre- 
sented for  the  entertainment  of  the  audience.  He  should 
be  friendly  and  co-operate  with  the  police  department, 
courts  and  other  public  agencies.  He  should  be  as  well 
posted  as  to  the  conditions  in  his  district  as  is  the  captain 
of  a  fire  department,  who,  when  an  alarm  comes  in  show- 
ing the  location  of  the  fire,  he  is  able  to  tell  almost  to  a 
certainty  the  extent  of  the  same.  The  fire  department 
officer  has  studied  the  buildings  and  knows  their  character. 
He  knows  the  entrances,  both  front  and  rear.  He  knows 
every  stairway  in  each  building,  so  that  he  is  able  by 
standing  off  and  viewing  the  fire  to  direct  his  men  where 
the  most  effective  work  can  be  done  and  at  the  first  sight 
of  danger  is  able  to  give  the  alram  and  point  the  way  of 
escape.  So  it  should  be  with  the  probation  officer.  All 
pit-falls,  all  dance-halls,  all  places  where  children  may 
form  bad  acquaintances  and  be  liable  to  ruination  should 
be  thoroughly  known  to  the  probation  officer. 

The  great  work  of  the  probation  officer  should  be  in 
keeping  the  child  out  of  court.  Courts,  as  we  all  know, 
are  but  substitutes  for  a  well  regulated  home.  No  one  will 
concede  that  it  is  for  the  best  interest  of  the  child  that  it 
be  brought  to  court  and  be  made  to  feel  that  the  strong 
arm  of  the  law  has  been  placed  on  it  and  that,  because  of 
its  own  wayward  acts,  the  love  and  affection  and  proper 
guidance  and  direction  of  his  parents  must  be  supple- 
mented by  strangers.  The  work  before  court  can  only  be 
done  by  the  probation  officer,  being  thoroughly  acquainted 
personally  with  the  people  in  their  district. 

The  instructions  given  the  probation  officer,  when  ap- 
pointed by  the  Chicago  'Juvenile  Court,  provide  as  fol- 
lows: 

(1)  The  welfare  and  interest  of  the  child  is  to  he 
considered. 


110  JUVENILE  PROBATION. 

(2)  The  welfare  of  the  commTinity. 

(3)  The  interest  and  feelings  of  the  parents  and  rela- 
tives. 

"When  cases  are  referred  for  investigation,  the  proba- 
tion officer  will  be  expected  to  inquire  into  the  facts  of  the 
case,  with  a  view  to  assist  the  court  in  deciding  what  ought 
to  be  done.  The  court  will  desire  to  ascertain  the  char- 
acter, of  the  parents  and  their  capability  for  governing 
and  guarding  the  child,  together  with  the  character  of  the 
home  as  to  comforts,  surroundings,  inmates,  etc.  This 
information  will  be  obtained  from  the  child,  from  the  par- 
ents, neighbors,  teachers,  clergymen,  police  officers  and 
various  charitable  agencies. 

"The  court  will  wish  to  determine  from  these  inquiries 
whether  the  child  should  be  separated  from  its  parents, 
guardian  or  custodian.  The  court  will  not  ordinarily  sep- 
arate children  from  their  parents  (a)  unless  the  parents 
are  criminal;  (b)  parents  are  vicious  or  grossly  cruel; 
or  (c)  the  parents  are  entirely  unable  to  support  the 
children;  or  (d)  the  home  is  in  such  a  condition  as  to  make 
it  extremely  probable  that  the  child  will  grow  up  to  be 
vicious  or  dependent.  The  court  cannot  be  used  as  a  con- 
venience for  the  purpose  of  relieving  parents  or  relatives 
from  their  natural  obligations.  Whenever  practicable,  the 
child  should  be  left  in  the  care  of  its  parents  or  of  some 
suitable  family  under  the  supervision  of  the  probation 
officer  pending  the  final  action  of  the  court. 

In  case  the  probation  officer  finds  it  advisable  to  bring 
the  child  to  court  he  should  have  in  mind  the  legal  status 
of  the  child  and  parents.  It  is  well  settled  by  the  courts 
that  the  Juvenile  Court  Law  is  constitutional.  The  only 
difficulty  is  in  the  administration  of  the  law.  From  the 
fact  that  we  have  a  Juvenile  Court  Law  and  that  the  child 
may  be  brought  to  court  it  does  not  necessarily  follow  that 
the  court  without  proper  pleadings  and  a  proper  hearing, 
can  invade  the  home  and  take  the  child  therefrom.     The 


JUVENILE  PROBATION.  Ill 

Supreme  Court  of  Utah,  in  the  recent  case  of  Mill  vs. 
Brown,  published  in  the  88th  Pacific  Reporter,  defines  the 
power  of  the  court  very  clearly.  "The  duty  of  the  parent 
to  care  for  the  child  is  imposed  by  the  moral  as  well  as  the 
law  of  society  upon  the  father,  first,  so  it  must  likewise  log- 
ically follow  that  he  must  be  given  the  first  right  to  dis- 
charge that  duty.  Indeed  the  common  law  based  the  right 
of  the  father  to  have  the  custody  and  dominion  over  the 
person  of  his  child  upon  the  ground  that  he  might  better 
discharge  the  duty  he  owed  the  child  and  the  state  in 
respect  to  the  care  and  education  of  the  child.  The  right 
and  duty  are  therefore  reciprocal,  and  may  be  termed 
natural  as  well  as  legal  and  moral. 

' '  Before  a  child  can  be  made  a  ward  of  the  state  at  least 
two  things  must  be  found :  First,  that  the  child  is  a  de- 
linquent or  dependent  within  the  provisions  of  the  law; 
and,  second,  that  the  parents  or  legal  guardian  is  incom- 
petent or  has  neglected  and  failed  to  care  for  and  provide 
for  the  child,  the  training  and  education  contemplated  and 
required  by  both  law  and  morals." 

It  will  thus  be  seen  from  the  fore-going  opinion,  which 
is  without  doubt  one  of  the  best  reasoned  cases  that  has 
ever  been  announced  by  the  courts  in  this  or  any  other 
country  on  the  Juvenile  Court  Law,  that  the  rights  of  the 
child  as  well  as  of  the  parents  must  be  carefully  protected. 
It  is  essential  that  a  proper  petition  be  filed  with  sufficient 
allegations  in  the  wording  of  the  statute,  so  that  the  court 
may  have  jurisdiction.  While  the  proof  required  is  not  as 
strict  as  in  the  ordinary  case,  nevertheless  it  is  necessary 
that  sufficient  evidence  be  procured  so  that  the  court  may 
be  properly  advised  in  the  premises. 

There  is  a  well-known  maxim  of  the  law,  "that  proof 
without  allegations  will  no  more  suffice  than  would  aver- 
ments without  proof."  The  court  can  only  determine  the 
legal  effect  of  a  judgment  from  an  inspection  of  the  whole 
record.     The  Court,  acting  under  a  special  statute,  there 


112  JUVENILE  PROBATION. 

are  no  presumptions  in  favor  of  the  jurisdiction  of  the 
court.  Therefore,  the  record  must  affimatively  show  that 
the  court  had  jurisdiction  and  that  the  law  has  been  strictly 
complied  with.  Facts  must  be  stated  and  not  mere  con- 
clusions, and  the  facts,  if  proven,  should  be  sufficient  to 
establish  the  dependency  or  delinquency  of  the  child. 

The  principal  object  of  the  law  is  to  keep  children  in 
their  own  homes,  or  that  they  may  be  placed  in  approved 
foster  homes.  It  is  unfair  to  the  child  that  it  be  reared 
and  educated  in  a  foster  home  with  no  right  to  inherit. 
To  have  the  right  to  inherit  it  is  essential  that  a  proper 
decree  of  adoption  be  entered  in  the  case.  The  Adoption 
Act  was  unknown  to  the  common  law.  All  proceedings 
of  this  nature  are  purely  statutory.  Hence  the  necessity 
of  having  the  law  strictly  complied  with.  Many  sad 
cases  have  come  under  personal  knowledge,  where  chil- 
dren were  denied  the  right  of  inheritance  because  of 
defective  records  in  Juvenile  and  other  courts. 

The  time  is  near  at  hand  when  the  Juvenile  Courts  will 
require  that  all  papers  filed  in  the  case  shall  first  receive 
the  0.  K.  of  a  competent  lawyer  whose  sole  duty  will  be 
to  assist  the  court  in  preparing  and  keeping  correct  rec- 
ords of  the  case. 

AT  TRIAL 

The  probation  officer,  having  seen  to  it  that  the  records 
of  the  case  are  in  perfect  shape,  should  have  all  evidence 
arranged  in  such  a  way  as  not  to  appear  as  prosecuting 
the  child.  The  officer  should  never  lose  sight  of  the  fact 
that  he  is  the  particular  friend  of  not  only  the  child  but 
all  of  the  child's  relatives  and  friends.  He  is  in  court  not 
to  prosecute  but  to  represent  the  best  interest  of  the  child. 
It  should  not  be  his  purpose  or  intention  to  have  the  child 
committed  to  an  institution.  This  should  be  the  last  act. 
He  should  not  forget  that  institutions,  no  matter  how  well 


JUVENILE  PROBATION.  113 

managed  nor  how  well  conducted,  can  never  take  the 
place  of  a  good  Christian  family  home. 

There  is  always  a  great  risk  in  committing  to  institu- 
tions. The  ordinary  father  or  mother  would  not  consent 
for  one  minute  to  have  their  boys  and  girls  commingle, 
associate  with  and  become  friendly  and  companionable 
with  children  that  have  acquired  bad  habits.  Institutions 
in  a  great  measure  must  be  conducted  on  the  congregated 
plan.  The  fewer  children  in  a  cottage  the  better,  but  in 
a  large  state  it  is  impracticable  to  consider  a  cottage  of 
ten  or  twelve  boys.  Again  there  is  a  risk  of  institution- 
alizing the  child.  It  is  a  well-known  fact  that  children 
remaining  in  institutions  for  any  length  of  time,  especially 
the  younger  children,  acquire  the  habit  of  waiting  for  di- 
rections in  everything  that  they  do.  They  seldom,  if  ever, 
take  the  initiative.  It  is  tempting,  too,  to  the  managers  of 
institutions  when  they  acquire  good  children  to  retain 
them  beyond  the  time  they  have  been  sufficiently  benefited 
by  the  institution.  You  know  it  will  break  up  the  band 
if  Johnny  is  paroled.  It  will  interfere  with'  the  class- work 
if  Willie  is  permitted  to  return  home.  Every  time  a  num- 
ber of  children  are  released  from  the  institution  it  re- 
quires a  new  arrangement  of  bands,  schools,  trades  and 
other  classes.  Managers  at  times  become  imbued  with 
the  idea  that  they  are  conducting  a  class  room  or  a  band 
or  some  other  particular  thing  and  not  dealing  with  the 
particular  child. 

The  probation  officer  therefore  should  be  more  than 
careful  at  the  trial  of  the  case  to  give  the  court  all  of  the 
information  that  he  is  able  to  acquire.  The  child  should 
be  made  to  feel,  especially  at  the  trial  of  the  case,  in  case 
it  is  committed  to  an  institution,  that  it  is  for  its  benefit 
and  that  the  probation  officer  will  not  at  any  time  lose  track 
of  it.  It  should  be  encouraged  to  communicate  with  the 
probation  officer,  and  the  probation  officer  in  turn  should 
visit  the  child  if  it  is  practicable. 


lU  JUVETNILE  PROBATION. 

AFTER  TRIAL 

The  great  work  of  the  probation  officer  is  after  the  child 
has  been  placed  on  probation.  The  child  naturally  enough 
is  antagonistic  to  the  probation  officer,  considering  him  as 
its  enemy.  The  family  likewise  is  unfriendly  at  first  to 
the  efforts  of  the  officer.  The  first  thing  the  probation 
officer  must  do  is  to  become  on  friendly  terms  with  the 
child  and  with  the  family.  As  to  how  this  is  to  be  accom- 
plished is  hard  to  say.  Each  case  must  depend  on  the  par- 
ticular facts  and  surroundings. 

The  officer,  having  established  friendly  relations  in  the 
neighborhood,  naturally  enough  becomes  quite  a  factor  and 
must  be  at  all  times  willing  to  respond  to  any  and  every 
call  that  may  be  made  upon  him  by  any  person  in  his  dis- 
trict. He  must  be  willing  to  enter  into  consultations,  t© 
give  advice  to  children,  to  parents,  societies  and  public 
officials.  He  must  necessarily  keep  up  a  continuous  cor- 
respondence not  only  with  the  child  but  with  the  child's 
family. 

No  set  plan  of  action  can  be  devised.  The  relation  be- 
tween the  probation  officer  and  some  children  is  one  of 
friendship  and  trust.  Others  must  be  ruled  with  a  stern 
hand.  So  with  the  families.  The  family  may  be  won 
through  being  a  confidant  with  the  older  boys,  or  by  pro- 
curing employment  for  some  member  of  the  family,  or  by 
obtaining  relief  or  assistance  in  case  the  family  is  in  dis- 
tress. All  of  these  various  ways  will  be  called  into  action 
from  time  to  time. 

It  follows  from  the  above  that  children  should  not  be 
asked  to  report  together.  There  should  be  no  treatment 
of  children  as  classes.  Each  child  has  a  personality  of  its 
own  and  must  be  dealt  with  accordingly.  Any  plan  that 
undertakes  to  classify  children  will  meet  with  failure.  The 
probation  officer  should  do  the  visiting.  It  is  the  most 
natural  thing  in  the  world  to  have  a  child  bring  a  good 


JUVENILE  PROBATION.  115 

report  about  itself.  We  all  desire,  both  men  and  women 
and  children,  to  appear  right  and  hold  the  good  opinion 
of  our  neighbors.  Few,  if  any,  of  us  would  openly  con- 
demn ourselves.  The  successful  probation  officer  is  the 
one  who  visits  the  home,  enters  into  the  spirit  of  the  fam- 
ily, adjusts  the  difficulties  therein,  if  any.  The  probation 
officer,  from  the  foregoing,  is  not  only  judge,  but  must 
also  in  many  cases  become  doctor,  nurse,  peace-maker, 
even  missionary.    He  must  be  all  things  to  all  men. 

Such  a  person  is  rare  indeed.  Nevertheless,  the  statis- 
tics show  that  such  people  are  to  be  found.  One  thing 
is  certain,  the  probation  officer  must  not  be  moved  solely 
by  mercenary  or  selfish  purposes.  At  the  same  time,  a 
good  and  efficient  probation  officer  is  entitled  to,  and 
should  receive,  the  largest  compensation  of  any  person 
in  the  community.  He  or  she  is  certainly  doing  not  only 
God's  work,  but  the  state's  work  and  society's  work.  They 
are  accomplishing  more  good  and  obtaining  better  results 
than  any  other  class  of  people  in  the  community. 


ILLINOIS 

JUVENILE 

COURT 

LAW 

IN  FORCE 

JULY  1ST 

1907 


CHAPTER  VIII 

JUVENILE  COURT  LAW  OF  ILLINOIS 
AS  AMENDED 

IN  FORCE  JULY  1ST,   1907 

An  Act  relating  to  children  who  are  now  or  may  hereafter 
become  dependent,  neglected  or  delinquent,  to  define  these 
terms,  and  to  provide  for  the  treatment,  control,  main- 
tenance, adoption  and  guardianship  of  the  person  of  such 
children. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois  repre' 
sented  in  the  General  Assembly: 

Section  1.  Definition. — That  all  persons  under  the  age  of 
twenty-one  (21)  years,  shall,  for  the  purpose  of  this  act 
only,  be  considered  wards  of  this  state  and  their  persons 
shall  be  subject  to  the  care,  guardianship  and  control  of 
the  court  as  hereinafter  provided. 

For  the  purpose  of  this  act,  the  words  ** dependent  child" 
and  "neglected  child"  shall  mean  any  male  child  who  while 
under  the  age  of  seventeen  years  or  any  female  child  who 
while  under  the  age  of  eighteen  years,  for  any  reason,  is 
destitute,  homeless  or  abandoned;  or  dependent  upon  the 
public  for  support ;  or  has  not  proper  parental  care  or  guar- 
dianship; or  habitually  begs  or  receives  alms;  or  is  found 
living  in  any  house  of  ill-fame  or  with  any  vicious  or  dis- 
reputable person ;  or  has  a  home  which  by  reason  of  neglect, 
cruelty  or  depravity,  on  the  part  of  its  parents,  guardian  or 
any  other  person  in  whose  care  it  may  be,  is  an  unfit  place 
for  such  a  child;  and  any  child  who  while  under  the  age 
of  ten  (10)  years  is  found  begging,  peddling  or  selling  any 
articles  or  singing  or  playing  any  musical  instrument  for 
gain  upon  the  street  or  giving  and  public  entertainments  or 
accompanies  or  is  used  in  the  aid  of  any  person  so  doing. 

The  words  "delinquent  child"  shall  mean  any  male  child 
who  while  under  the  age  of  seventeen  years  or  any  female 
child  who  while  under  the  age  of  eighteen  years,  violates 
119 


120  ILLINOIS  JUVENILE  COURT  LAW. 

any  law  of  this  State;  or  is  incorrigible,  or  knowingly  as- 
sociates with  thieves,  vicious  or  immoral  persons ;  or  without 
just  cause  and  without  the  consent  of  its  parents,  guardian 
or  custodian  absents  itself  from  its  home  or  place  of  abode, 
or  is  growing  up  in  idleness  or  crime;  or  knowingly  fre- 
quents a  house  of  ill-repute;  or  knowingly  frequents  any 
policy  shop  or  place  where  any  gaming  device  is  operated; 
or  frequents  any  saloon  or  dram  shop  where  intoxicating 
liquors  are  sold ;  or  patronizes  or  visits  any  public  pool  room 
or  bucket  shop ;  or  wanders  about  the  streets  in  the  night 
time  without  being  on  any  lawful  business  or  lawful  occupa- 
tion; or  habitually  wanders  about  any  railroad  yards  or 
tracks  or  jumps  or  attempts  to  jump  onto  any  moving  train ; 
or  enters  any  car  or  engine  without  lawful  authority;  or 
uses  vile,  obscene,  vulgar,  profane  or  indecent  language  in 
any  public  place  or  about  any  school  house ;  or  is  guilty  of 
indecent  or  lascivious  conduct ;  any  child  committing  any  of 
these  acts  herein  mentioned  shall  be  deemed  a  delinquent 
child  and  shall  be  cared  for  as  such  in  the  manner  herein- 
after provided. 

A  disposition  of  any  child  under  this  act  or  any  evidence 
given  in  such  cause,  shall  not,  in  any  civil,  criminal  or  other 
cause  or  proceeding  whatever  in  any  court,  be  lawful  or 
proper  evidence  against  such  child  for  any  purpose  what- 
ever, except  in  subsequent  cases  against  the  same  child 
under  this  act.  The  word  "child"  or  "children"  may  be 
held  to  mean  one  or  more  children,  and  the  word  parent 
or  parents  may  be  held  to  mean  one  or  both  parents,  when 
consistent  with  the  intent  of  this  act.  The  word  "associa- 
tion" shall  include  any  association,  institution  or  corpora- 
tion which  include  in  their  purposes  the  care  or  disposi- 
tion of  children  coming  within  the  meaning  of  this  act. 

Section  2.  Jurisdiction. — The  circuit  and  county  courts 
of  the  several  counties  in  this  state  shall  have  original  jur- 
isdiction in  all  cases  coming  within  the  terms  of  this  act. 
In  all  trials  under  this  act  any  person  interested  therein 
may  demand  a  jury  of  six  or  the  judge  of  his  own  motion 
may  order  a  jury  of  the  same  number  to  try  the  ease. 

Section  3.  Juvenile  Court. — In  counties  having  over 
500,000  population,  the  judges  of  the  circuit  court  shall,  at 
such  times  as  they  shall  determine,  designate  one  or  more 
of  their  number,  whose  duty  it  shall  be  to  hear  all  cases 
coming  under  this  act.    A  special  court  room,  to  be  desig- 


ILLINOIS  JUVENILE  COURT  LAW.  121 

nated  as  the  Juvenile  Court  room,  shall  be  provided  for  the 
hearing  of  such  cases,  and  the  finding  of  the  court  shall  be 
entered  in  a  book  or  books  to  be  kept  for  that  purpose,  and 
known  as  the  "Juvenile  Record,"  and  the  court  may  for 
convenience  be  called  the  "Juvenile  Court." 

Section  4,  Petition  to  the  Court. — Any  reputable  per- 
son, being  a  resident  of  the  county,  may  fiie  with  the  clerk 
of  the  court  having  jurisidiction  of  the  matter,  a  petition 
in  writing  setting  forth  that  a  certain  child,  naming  it, 
within  his  county,  not  now  or  hereafter  an  inmate  of  a 
state  institution  incorporated  under  the  laws  of  this  state, 
except  as  provided  in  sections  12  and  18  hereof,  is  either 
dependent,  neglected  or  delinquent  as  defined  in  section 
1  hereof;  and  that  it  is  for  the  interest  of  the  child  and 
this  state  that  the  child  be  taken  from  its  parent,  parents, 
custodian  or  guardian  and  placed  under  the  guardianship 
of  some  suitable  person  to  be  appointed  by  the  court ;  and 
that  the  parent,  parents,  custodian  or  guardian  of  such 
child,  are  unfit  or  improper  guardians,  or  are  unable  or 
unwilling  to  care  for,  protect,  train,  educate,  control  or 
discipline  such  child,  or  that  the  parent,  parents,  guardian 
or  custodian  consent  that  such  child  be  taken  from  them. 

The  petition  shall  also  set  forth  either  the  name,  or  that 
the  name  is  unknown  to  petitioner  (a)  of  the  person  hav- 
ing the  custody  of  such  child;  and  (b)  of  each  of  the 
parents  or  the  surviving  parent  of  a  legitimate  child;  or 
of  the  mother  of  an  illegitimate  child;  or  (c)  if  it  allege 
that  both  such  parents  are  or  such  mother  is  dead,  then  of 
the  guardian,  if  any,  of  such  child;  (d)  if  it  allege  that 
both  such  parents  are  or  that  such  mother  is  dead  and  that 
no  guardian  of  such  child  is  known  to  petitioner,  then  of  a 
near  relative,  or  that  none  such  is  known  to  petitioner. 
The  petition  shall  also  state  the  residences  of  such  parties 
so  far  as  the  same  are  known  to  such  petitioner.  All  per- 
sons as  named  in  such  petition  shall  be  made  defendants 
by  name  and  shall  be  notified  of  such  proceedings  by  sum- 
mons if  residents  of  this  state  in  the  same  manner  as  is  now 
or  may  hereafter  be  required  in  chancery  proceedings  by 
the  laws  of  this  state  except  only  as  herein  otherwise  pro- 
vided. 

All  persons,  if  any,  who  or  whose  names  are  stated  in 
the  petition  to  be  unknown  to  petitioner,  shall  be  deemed 
and  taken  as  def  endents  by  the  name  or  designation  of  ' '  all 


122  ILLINOIS  JUVENILE  COURT  LAW. 

whom  it  may  concern."  The  petition  shall  be  verified  by- 
affidavit,  which  affidavit  shall  be  sufficient  upon  informa- 
tion and  belief.  Process  shall  be  issued  against  all  per- 
sons made  parties  by  the  designation  of  "all  whom  it  may 
concern"  by  such  description,  and  notice  given  by  publi- 
cation as  is  required  in  this  act  shall  be  sufficient  to 
authorize  the  court  to  hear  and  determine  the  suit  as 
though  the  parties  had  been  sued  by  their  proper  names. 

Section  5.  Summons. — The  summons  shall  require  the 
person  alleged  to  have  the  custody  of  such  child  to  appear 
with  the  child  at  the  time  and  place  stated  in  the  sum- 
mons; and  shall  also  require  all  defendants  to  be  and  ap- 
pear and  answer  the  petition  on  the  return  day  of  the 
summons.  The  summons  shall  be  made  returnable  at  any 
time  within  twenty  days  after  the  date  thereof  and  may  be 
served  by  the  sheriff,  or  by  any  duly  appointed  probation 
officer,  even  though  such  officer  be  the  petitioner.  The 
return  of  such  summons  with  indorsement  of  service  by 
the  sheriff  or  by  such  probation  officer  in  accordance  here- 
with shall  be  sufficient  proof  thereof. 

Whenever  it  shall  appear  from  the  petition  or  from 
affidavit  filed  in  the  cause  that  any  named  defendant  re- 
sides or  hath  gone  out  of  the  state,  or  on  due  inquiry  can 
not  be  found,  or  is  concealed  within  this  state  or  that  his 
place  of  residence  is  unknown  so  that  process  cannot  be 
served  upon  him,  or  whenever  any  person  is  made  defend- 
ant under  the  name  or  designation  of  "all  whom  it  may 
concern"  the  clerk  shall  cause  publication  to  be  made 
once  in  some  newspaper  of  general  circulation  published 
in  his  county,  and  if  there  be  none  published  in  his  county, 
then  in  a  newspaper  published  in  the  nearest  place  to  his 
county  in  this  state,  which  shall  be  substantially  as  follows : 

A,  B,  C,  D,  etc.  (here  giving  the  names  of  such  named 
defendants,  if  any),  and  to  "all  whom  it  may  concern" 
(if  there  be  any  defendant  under  such  designation). 

Take  notice  that  on  the day  of A.  D.  19. , 

a  petition    was    filed    by in  the court  of 

county  to  have  a  certain  child,  named 

declared  a  (dependent  or  delinquent)  and  to  take  from 
you  the  custody  and  guardianship  of  said  child  (and  if 
the  petition  prays  for  the  appointment  of  a  guardian  with 


ILLINOIS  JUVENILE  COURT  LAW.  123 

power  to  consent  to  adoption,  add  and  to  give  said  child 
out  for  adoption). 

Now,  unless  you  appear  within  twenty  days  after  the 
date  of  this  notice  and  show  cause  against  such  application, 
the  petition  shall  be  taken  for  confessed  and  a  decree 
granted.  E.  F.,  Clerk. 

Dated  (the  date  of  publication). 

And  he  shall  also  within  ten  days  after  the  publication 
of  such  notice  send  a  copy  thereof  by  mail,  addressed  to 
such  defendants  whose  place  of  residence  is  stated  in  the 
petition  and  who  shall  not  have  been  served  with  summons. 
Notice  given  by  publication  as  is  required  by  this  act  shall 
be  the  only  publication  notice  required  cither  in  the  case 
of  residents,  non-residents  or  otherwise.  The  certificate  of 
the  clerk  that  he  has  sent  such  notice  in  pursuance  of  this 
section  shall  be  evidence  thereof.  Every  defendant  who 
shall  be  duly  summoned  shall  be  held  to  appear  and  an- 
swer either  in  writing  or  oraUy  in  open  court  on  the  return 
day  of  the  summons  or  if  such  summons  shall  be  served 
less  than  one  day  prior  to  the  return  day,  then  on  the  fol- 
lowing day.  Every  defendant  who  shall  be  notified  by 
publication  as  herein  provided  shall  be  held  to  appear 
and  answer  either  in  writing  or  orally  in  open  court  within 
twenty  days  after  the  date  of  the  publication  notice.  The 
answer  shall  have  no  greater  weight  as  evidence  than  the 
petition.  In  default  of  an  answer  at  the  time  or  times 
herein  specified  or  at  such  further  timij  as  by  order  of 
court  may  be  granted  to  a  defendant,  the  petition  may  be 
taken  as  confessed. 

If  the  person  having  the  custody  or  control  of  the  child 
shall  fail  without  reasonable  cause  to  bring  the  child  into 
court,  he  may  be  proceeded  against  as  in  case  of  contempt 
of  court.  In  case  the  summons  shall  be  returned  and  not 
served  upon  the  person  having  the  custody  or  control  of 
such  child  or  such  person  fails  to  obey  the  same  and  in  any 
case  when  it  shall  be  made  to  appear  to  the  court  by  affi- 
davit, which  may  be  on  information  and  belief  that  such 
summons  will  be  ineffectual  to  secure  the  presence  of  the 
child,  a  warrant  may  be  issued  on  the  order  of  the  court 
either  against  the  parents  or  either  of  them,  or  guardian 
or  the  person  having  the  custody  or  control  of  the  child 
or  with  whom  the  child  may  be  or  against  the  child  itself 
to  bring  such  person  into  court.     On  default  of  the  cus- 


124  ILLINOIS  JUVENILE  COURT  LAW. 

todian  of  the  child  or  on  his  appearance  or  answer,  or  on 
the  appearance  in  person  of  the  child  in  court  with  or 
without  the  summons  or  other  process  and  on  the  answer, 
default  or  appearance  or  written  consent  to  the  proceed- 
ings of  the  other  defendants  thereto  or  as  soon  therafter 
as  may  be,  the  court  shall  proceed  to  hear  evidence.  The 
court  may,  in  any  case  when  the  child  is  not  represented 
by  any  person,  appoint  some  suitable  person  to  act  on 
behalf  of  the  child.  At  any  time  after  the  filing  of  the 
petition  and  pending  the  final  disposition  of  the  case,  the 
court  may  continue  the  hearing  from  time  to  time  and 
may  allow  such  child  to  remain  in  the  possession  of  its 
custodian  or  in  its  own  home  subject  to  the  friendly  visita- 
tion of  a  probation  officer,  or  it  may  order  such  child  to  be 
placed  in  the  custody  of  a  probation  officer  of  the  court, 
or  of  any  other  suitable  person  appointed  by  the  court, 
or  to  be  kept  in  some  suitable  place  provided  by  the  city  or 
county  authorities. 

Section  6.  Probation  Officers. — The  court  shall  have 
authority  to  appoint  or  designate  one  or  more  discreet  per- 
sons of  good  character  to  serve  as  probation  officers  during 
the  pleasure  of  the  court;  said  probation  officers  to  receive 
no  compensation  from  the  public  treasury.  In  case  a  pro- 
bation officer  shall  be  appointed  by  any  court  it  shall  be 
the  duty  of  the  clerk  of  the  court,  if  practicable,  to  notify 
the  said  probation  officer  in  advance  when  any  child  is 
to  be  brought  before  the  court;  it  shall  be  the  duty  of  the 
said  probation  officer  to  make  such  investigation  as  may 
be  required  by  the  court;  to  be  present  in  court  in  order 
to  represent  the  interest  of  the  child  when  the  case  is 
heard;  to  furnish  to  the  court  such  information  and  as- 
sistance as  the  judge  may  require;  and  to  take  such  charge 
of  any  child  before  and  after  trial  as  may  be  directed  by 
the  court:  Provided,  however.  That  in  counties  having 
over  five  hundred  thousand  population,  the  judges  of  the 
circuit  court,  by  rule  to  be  entered  of  record,  shall  deter- 
mine a  number  of  probation  officers  including  one  head 
probation  officer,  to  be  employed  during  each  year,  who 
shall  be  paid  a  suitable  compensation  for  their  services. 
The  head  probation  officer  shall  have  charge  and  control 
of  all  other  probation  officers,  subject  to  the  direction  of 
the  court.  The  judges  of  said  court  shall  notify  the  presi- 
dent of  the  board  of  county  commissioners  or  supervisors 


ILLINOIS  JUVENILE  COURT  LAW.  125 

of  said  county,  as  the  case  may  be,  of  the  number  of  said 
probation  officers  so  determined,  who  are  to  be  paid  as 
herein  provided,  and  said  probation  officers,  including  the 
head  probation  officer,  as  aforesaid,  shall  be  appointed  in 
the  same  manner  and  under  the  same  rules  and  regulations 
as  other  officers  or  employes  in  the  said  county  under  the 
board  of  commissioners  or  supervisors  of  the  county,  as  the 
case  may  be,  and  shall  be  paid  a  suitable  compensation 
by  the  county  for  their  services,  the  amount  thereof  to 
be  determined  by  such  board  of  commissioners  or  super- 
visors, as  the  case  may  be:  Provided,  further.  That  in 
counties  having  a  population  of  less  than  five  hundred 
thousand  (500,000),  the  county  judge  of  any  such  county 
shall  have  authority  to  designate  some  suitable  person  to 
act  as  probation  officer,  during  the  pleasure  of  the  court, 
and  such  probation  officer  shall  be  paid  a  suitable  compen- 
sation for  his  services,  such  compensation  to  be  fixed  by 
the  board  of  county  commissioners,  or  board  of  supervisors 
of  such  county,  as  the  case  may  be,  such  compensation  to 
be  paid  out  of  the  county  treasury  of  such  county.  Such 
board  of  county  commissioners  or  board  of  supervisors 
of  any  such  counties  may,  if  they  deem  it  necessary  or 
advisable,  upon  recommendation  of  the  county  judge,  pro- 
vide for  the  employment  of  additional  probation  officers 
and  shall  have  like  authority  to  fix  their  compensation,  and 
if  such  additional  probation  officers  are  authorized,  as 
aforesaid,  the  same  shall  be  appointed  by  the  county  judge 
of  such  county,  and  be  paid  out  of  the  county  treasury, 
monthly,  upon  proper  certification  by  such  county  judge. 
Such  probation  officers  shall  have  the  same  powers  and 
perform  the  same  duties  as  other  probation  officers  under 
the  provisions  of  this  act.  Nothing  herein  contained,  how- 
ever, shall  be  held  to  limit  or  abridge  the  power  of  the 
judge  or  judges  so  designated  under  section  3  of  this  act 
to  hear  cases  coming  under  this  act,  to  appoint  persons  or 
probation  officers,  whom  said  judge  or  judges  may  see  fit 
and  who  will  serve  without  pay  for  such  services  as  pro- 
bation officers. 

Section  7.  Dependent  and  Neglected  Children. — If  the 
court  shall  find  any  male  child  under  the  age  of  seventeen 
years  (17)  or  any  female  child  under  the  age  of  eighteen 
(18)  years  to  be  dependent  or  neglected  within  the  mean- 
ing of  this  act,  the  court  may  allow  such  child  to  remain 


126  ILLINOIS  JUVENILE  COURT  LAW. 

at  its  own  home  subject  to  the  friendly  \asitation  of  a  pro- 
bation officer.  And  if  parent,  parents,  guardian  or  cus- 
todian consent  thereto,  or  if  the  court  shall  further  find 
that  the  parent,  parents,  guardian  or  custodian  of  such 
child  are  unfit  or  improper  guardians  or  are  unable  or 
unwilling  to  care  for,  protect,  train,  educate  or  discipline 
such  child  and  that  it  is  for  the  interest  of  such  child  and 
of  the  people  of  this  state  that  such  child  be  taken  from 
the  custody  of  its  parents,  custodian  or  guardian,  the  court 
may  make  an  order  appointing  as  guardian  of  the  person 
of  such  child,  some  reputable  citizen  of  good  moral  char- 
acter and  order  such  guardian  to  place  such  child  in  some 
suitable  family  home  or  other  suitable  place,  which  such 
guardian  may  provide  for  such  child,  or  the  court  may 
enter  an  order  committing  such  child  to  some  suitable  state 
institution,  organized  for  the  care  of  dependent  or  neg- 
lected children,  or  to  some  training  school  or  industrial 
school  or  to  some  association  embracing  in  its  objects  the 
purpose  of  caring  for  or  obtaining  homes  for  neglected 
or  dependent  children,  which  associatioa  shall  have  been 
accredited  as  hereinafter  provided. 

Section  8.  Guardianship. — In  every  case  where  such 
child  is  committed  to  an  institution,  or  association,  the 
court  shall  appoint  the  president,  secretary  or  superin- 
tendent of  such  institution  or  association,  guardian  over 
the  person  of  such  child  and  shall  order  such  guardian  to 
place  such  child  in  such  institution  or  with  such  associa- 
tion, whereof  he  is  such  officer  and  to  hold  such  child,  care 
for,  train  and  educate  it  subject  to  the  rules  and  laws  that 
may  be  in  force  from  time  to  time  governing  such  insti- 
tution or  association. 

Section  9.  Delinquent  Children, — If  the  court  shall 
find  any  male  child  under  the  age  of  seventeen  years  or 
any  female  child  under  the  age  of  eighteen  years  to  be 
delinquent  within  the  meaning  of  this  act,  the  court  may 
allow  such  child  to  remain  at  its  own  home  subject  to  the 
friendly  visitation  of  a  probation  officer,  such  child  to 
report  to  the  probation  officer  as  often  as  may  be  required, 
and  if  the  parents,  parent,  guardian  or  custodian  consent 
thereto,  or  if  the  court  shall  further  find  either  that  the 
parent,  parents,  guardian  or  custodian  are  unfit  or  im- 
proper guardians  or  are  unable  or  unwilling  to  care  for, 
protect,  educate  or  discipline  such  child  and  shall  further 


ILLINOIS    JUVENILE    COURT    LAW.  127 

find  that  it  is  for  the  interest  of  such  child  and  of  the 
people  of  this  state  that  such  child  be  taken  from  the  cus- 
tody of  its  parents,  parent,  custodian  or  guardian,  the 
court  may  appoint  some  proper  person  or  probation  officer, 
guardian  over  the  person  of  such  child  and  permit  it  to 
remain  at  its  home,  or  order  such  guardian  to  cause  such 
child  to  be  placed  in  a  suitable  family  home,  or  cause  it  to 
be  boarded  out  in  some  suitable  family  home,  in  case  pro- 
vision is  made  by  voluntary  contribution  or  otherwise  for 
the  payment  of  the  board;  or  the  court  may  commit  such 
child  to  some  training  school  for  boys  if  a  male  child  or  to 
an  industrial  school  for  girls  if  a  female  child  or  to  any 
institution  incorporated  under  the  laws  of  this  state  to 
care  for  delinquent  children,  or  to  any  institution  that 
has  been  or  may  be  provided  by  the  state,  county,  city,  town 
or  village  suitable  for  the  care  of  delinquent  children, 
including  St.  Charles  School  for  Boys  and  State  Training 
School  for  Girls,  or  to  some  association  that  will  receive 
it,  embracing  in  its  objects  the  care  of  neglected,  depen- 
dent or  delinquent  children  and  which  has  been  duly  ac- 
credited as  hereinafter  provided.  In  every  case  where  such 
child  is  committed  to  an  institution  or  association,  the 
court  shall  appoint  the  president,  secretary  or  superin- 
tendent of  such  institution  or  association,  guardian  over 
the  person  of  such  child  and  shall  order  such  guardian  to 
place  such  child  in  such  institution  or  with  such  association, 
whereof  he  is  such  officer  and  to  hold  such  child,  care  for, 
train  and  educate  it  subject  to  the  rules  and  laws  that 
may  be  in  force,  from  time  to  time  governing  such  insti- 
tution or  association. 

9a.  The  court  may  in  its  discretion  in  any  case  of  a 
delinquent  child  permit  such  child  to  be  proceeded  against 
in  accordance  with  the  laws  that  may  be  in  force  in  this 
state  governing  the  commission  of  crimes  or  violations  of 
city,  village,  or  town  ordinance,  in  such  case  the  petition 
filed  under  this  act  shall  be  dismissed. 

9b.  The  court  may,  when  the  health  or  condition  of  any 
child  found  to  be  dependent,  neglected  or  delinquent  re- 
quires it,  order  the  guardian  to  cause  such  child  to  be 
placed  in  a  public  hospital  or  institution  for  treatment  or 
special  care,  or  in  a  private  hospital  or  institution,  which 
will  receive  it  for  like  purposes,  without  charge  to  the 
public  authorities. 


128  ILLINOIS    JUVENILE    COURT    LAW. 

9c.  Any  child  found  to  be  dependent,  neglected  or  de- 
linquent as  defined  in  this  act,  and  awarded  by  the  court 
to  a  guardian,  institution  or  association,  shall  be  held  by 
such  guardian,  institution  or  association,  as  the  case  may 
be,  by  virtue  of  the  order  entered  of  record  in  such  case, 
and  the  clerk  of  the  court  shall  issue  and  cause  to  be  deliv- 
ered to  such  guardian,  institution  or  association  a  certified 
copy  of  such  order  of  the  court,  which  certified  copy  of 
such  order  shall  be  proof  of  the  authority  of  such  guardian, 
institution  or  association  in  behalf  of  such  child,  and  no 
other  process  need  issue  to  warrant  the  keeping  of  such 
child.  The  guardianship  under  this  act  shall  continue  until 
the  court  shall  by  further  order  otherwise  direct  but  not 
after  such  child  shall  have  reached  the  age  of  twenty-one 
(21)  years.  Such  child  or  any  person  interested  in  such 
child  may  from  time  to  time  upon  a  proper  showing  apply 
to  the  court  for  the  appointment  of  a  new  guardian  or  the 
restoration  of  such  child  to  the  custody  of  its  parents  or 
for  the  discharge  of  the  guardian  so  appointed. 

9d.  Whenever  it  shall  appear  to  the  court  before  or 
after  the  appointment  of  a  guardian  under  this  act  that  the 
home  of  the  child  or  of  his  parents,  former  guardian  or 
custodian  is  a  suitable  place  for  such  child  and  that  such 
child  could  be  permitted  to  remain  or  ordered  to  be  re- 
turned to  said  home  consistent  with  the  public  good  and 
the  good  of  such  child,  the  court  may  enter  an  order  to  that 
effect  returning  such  child  to  his  home  under  probation, 
parole  or  otherwise;  it  being  the  intention  of  this  act  that 
no  child  shall  be  taken  away  or  kept  out  of  his  home  or 
away  from  his  parents  and  guardian  any  longer  than  is 
reasonably  necessary  to  preserve  the  welfare  of  such  child 
and  the  interest  of  this  state :  Provided,  however.  That  no 
such  order  shall  be  entered  without  first  given  ten  days' 
notice  to  the  guardian,  institution  or  association  to  whose 
care  such  child  has  been  committed,  unless  such  guardian, 
institution  or  association  consents  to  such  order. 

9e.  The  court  may,  from  time  to  time,  cite  into  court 
the  guardian,  institution  or  association  to  whose  care  any 
dependent,  neglected  or  delinquent  child  has  been  awarded, 
and  require  him  or  it  to  make  a  full,  true  and  perfect 
report  as  to  his  or  its  doings  in  behalf  of  such  child;  and 
it  shall  be  the  duty  of  such  guardian,  institution  or  asso- 
ciation, within  ten  days  after  such  citation,  to  make  such 


HASTINGS   H.    HART,    D.  D. 


ILLINOIS  JUVENILE  COURT  LAW.  129 

report  either  in  writing  verified  by  affidavit,  or  verbally 
under  oath  in  open  court,  or  otherwise  as  the  court  shall 
direct ;  and  upon  the  hearing  of  such  report,  with  or  with- 
out further  evidence,  the  court  may,  if  it  sees  fit,  remove 
such  guardian  and  appoint  another  in  his  stead,  or  take 
such  child  away  from  such  institution  or  association  and 
place  it  in  another,  or  restore  such  child  to  the  custody 
of  its  parents  or  former  guardian  or  custodian. 

Section  10.  Transfers  from  Justice  and  Police  Magis- 
trates.— ^When  in  any  county  where  a  court  is  held  as  pro- 
vided in  section  3  of  this  act,  a  male  child  under  the  age 
of  seventeen  years  or  a  female  child  under  the  age  of 
eighteen  years  is  arrested  with  or  without  warrant  such 
child  may,  instead  of  being  taken  before  a  justice  of  the 
peace  or  police  magistrate,  be  taken  directly  before  such 
court;  or  if  the  child  is  taken  before  a  justice  of  the  peace 
or  police  magistrate,  it  shall  be  the  duty  of  such  justice 
of  the  peace  or  police  magistrate  to  transfer  the  case  to 
such  court,  and  the  officer  having  the  child  in  charge  to 
take  the  child  before  such  court,  and  in  any  case  the  court 
may  proceed  to  hear  and  dispose  of  the  case  in  the  same 
manner  as  if  the  child  had  been  brought  before  the  court 
upon  petition  as  herein  provided.  In  any  case,  the  court 
shall  require  notice  to  be  given  and  investigation  to  be 
made  as  in  other  cases  under  this  act,  and  may  adjourn  the 
hearing  from  time  to  time  for  that  purpose. 

Section  11.  Children  under  Twelve  Years  not  to  be 
Committed  to  Jail. — No  court  or  magistrate  shall  commit 
a  child  under  twelve  (12)  years  of  age  to  a  jail  or  police 
station,  but  if  such  a  child  is  unable  to  give  bail  it  may 
be  committed  to  the  care  of  the  sheriff,  police  officer  or 
probation  officer,  who  shall  keep  such  child  in  some  suit- 
able place  provided  by  the  city  or  county  outside  of  the 
enclosure  of  any  jail  or  police  station.  "W^en  any  child 
shall  be  sentenced  to  confinement  in  any  institution  to 
which  adult  convicts  are  sentenced,  it  shall  be  unlawful  to 
confine  such  child  in  the  same  building  with  such  adult 
convicts,  or  to  confine  such  child  in  the  same  yard  or  en- 
closure with  such  adult  convicts,  or  to  bring  such  child 
into  any  yard  or  building  in  which  adult  convicts  may  be 
present. 

Section  12.  Agents  of  Juvenile  Reformatories. — It  shall 
be  the  duty  of  the  superintendent  of  the  State  Reformatory 


130  ILLINOIS  JUVENILE  COURT  LAW. 

at  Pontiac,  and  the  board  of  managers  of  the  State  Refor- 
matory at  Pontiac,  and  the  board  of  managers  of  the  State 
Home  for  Juvenile  Female  Offenders  at  Geneva,  and  the 
board  of  managers  of  any  other  institution  to  which  juvenile 
delinquents  may  be  committed  by  the  courts,  to  maintain 
an  agent  of  such  institution,  whose  duty  it  shall  be  to  ex- 
amine the  homes  of  children  paroled  from  such  institu- 
tions for  the  purpose  of  ascertaining  and  reporting  to  said 
court  whether  they  are  suitable  homes;  to  assist  children 
paroled  or  discharged  from  such  institution  in  finding  suit- 
able employment,  and  to  maintain  a  friendly  supervision 
over  paroled  inmates  during  the  continuance  of  their 
parole ;  such  agents  shall  hold  office  subject  to  the  pleasure 
of  the  board  making  the  appointment,  and  shall  receive 
such  compensation  as  such  board  may  determine  out  of  any 
funds  appropriated  for  such  institution  applicable  thereto. 
Section  13.  Supervision  of  State  Commissioners  of  Pub- 
lic Charities. — All  associations  receiving  children  under 
this  act  shall  be  subject  to  the  same  visitation,  inspection 
and  supervision  by  the  board  of  state  commissioners  of 
public  charities  as  are  the  jublic  charitable  institutions  of 
this  state,  and  it  shall  be  the  duty  of  the  said  board  of 
commissioners  to  pass  annually  upon  the  fitness  of  every 
such  association  as  may  receive,  or  desire  to  receive  children 
under  the  supervision  of  this  act,  and  every  such  associa- 
tion shall  annually,  at  such  time  as  said  board  shall  direct, 
make  report  thereto,  showing  its  condition,  management 
and  competency  to  adequately  care  for  such  children  as 
are,  or  may  be  committed  to  it,  and  such  other  facts  as 
said  board  may  require,  and  upon  said  board  being  satis- 
fied that  such  association  is  competent  and  has  adequate 
facilities  to  care  for  such  children,  it  shall  issue  to  the 
same  a  certificate  to  that  effect,  which  certificate  shall  con- 
tinue in  force  for  one  (1)  year,  unless  sooner  revoked  by 
said  board,  and  no  child  shall  be  committed  to  any  such 
association  which  shall  not  have  received  such  a  certificate 
within  fifteen  (15)  months  next  preceding  the  commitment. 
The  court  may,  at  any  time,  require  from  any  association 
receiving  or  desiring  to  receive  children  under  the  pro- 
visions of  this  act,  such  reports,  information  and  state- 
ments as  the  judge  shall  deem  proper  or  necessary  for  his 
action,  and  the  court  shall  in  no  case  be  required  to  com- 
mit a  child  to  any  association  whose  standing,  conduct  or 


ILLINOIS   JUVENILE   COURT   LAW.  131 

care  of  children,  or  ability  to  care  for  the  same,  is  not 
satisfactory  to  the  court. 

Section  14.  Incorporation  of  Association. — No  associa- 
tion whose  objects  embrace  the  caring  for  dependent,  neg- 
lected or  delinquent  children  shall  hereafter  be  incorporated 
unless  the  proposed  articles  of  incorporation  shall  j&rst  have 
been  submitted  to  the  examination  of  the  board  of  state 
commissioners  of  public  charities,  and  the  secretary  of  state 
shall  not  issue  a  certificate  of  incorporation  unless  there 
shall  first  be  filed  in  his  office  the  certificate  of  said  board  of 
state  commissioners  of  public  charities  that  said  board  has 
examined  the  said  articles  of  incoropration  and  that,  in 
his  judgment,  the  incorporators  are  reputable  and  respect- 
able persons,  the  proposed  work  is  needed  and  the  incorpor- 
ation of  such  association  is  desirable  and  for  the  public 
good;  amendments  proposed  to  the  articles  of  incorpora- 
tion or  association  having  as  an  object  the  care  and  disposal 
of  dependent,  neglected  or  delinquent  children  shall  be 
submitted  in  like  manner  to  the  board  of  state  commission- 
ers of  public  charities,  and  the  secretary  of  state  shall  not 
record  such  amendments  or  issue  his  certificate  therefor 
unless  there  shall  first  be  filed  in  his  office  the  certificate 
of  said  board  of  state  commissioners  of  public  charities 
that  they  have  examined  the  said  amendment,  that  the 
association  in  question  is,  in  their  judgment,  performing 
in  good  faith  the  work  undertaken  by  it,  and  that  the  said 
amendment  is,  in  their  judgment,  a  proper  one  and  for  the 
public  good. 

Section  15.  Order  Relating  to  Adoption. — ^Whenever 
the  petition  filed,  as  is  provided  in  section  3  hereof,  or  a 
supplemental  petition  filed  at  any  time  after  the  appoint- 
ment of  the  guardian  shall  pray  that  the  guardian  to  be 
appointed  shall  be  authorized  to  consent  to  the  legal  adop- 
tion of  the  child,  and  the  court  upon  the  hearing  shall  find 
thf.t  it  is  to  the  best  interest  of  such  child  that  the  guar- 
dian be  given  such  authority,  the  court  may,  in  its  order 
appointing  such  guardian,  empower  him  to  appear  in  court 
where  any  proceedings  for  the  adoption  of  such  child  may 
be  pending,  and  to  consent  to  such  adoption ;  and  such  con- 
sent shall  be  sufficient  to  authorize  the  court  where  the 
adoption  proceedings  are  pending  to  enter  a  proper  order 
or  decree  of  adoption  without  further  notice  to,  or  consent 
by  the  parents  or  relatives  of  such  child:    Provided,  how- 


132  ILLINOIS   JUVENILE  COURT  LAW. 

ever,  that  before  entering  such  order  the  court'  shall  find 
from  the  evidence  that  (1)  the  parents  or  surviving  parent 
of  a  legitimate  child  or  the  mother  of  an  illegitimate  child, 
or  if  the  child  has  no  parents  living  the  guardian  of  the 
child,  if  any,  or  if  there  is  no  parent  living  and  the  child 
has  no  guardian  or  the  guardian  is  not  known  to  petitioner, 
then  a  near  relative  of  the  child,  if  any  there  be,  consents 
to  such  order;  or,  (2)  that  one  parent  consents  and  the 
other  is  unfit  for  any  of  the  reasons  hereinafter  specified 
to  have  the  child,  or  that  both  parents  are  or  that  the  sur- 
viving parent  or  the  mother  of  an  illegitimate  child  is  so 
unfit  for  any  such  reasons — the  grounds  of  unfitness  being 
(a)  depravity,  (b)  open  and  notorious  adultery  or  fornica- 
tion, (c)  habitual  drunkenness  for  the  space  of  one  year 
prior  to  the  filing  of  petition,  (d)  extreme  and  repeated 
cruelty  to  the  child,  (e)  abandonment  of  the  child  or  (f) 
desertion  of  the  child  for  more  than  six  (6)  months  next 
preceding  the  filing  of  the  petition. 

Section  16.  Foreign  Corporations. — ^No  association 
which  is  incorporated  under  the  laws  of  any  other  state 
than  the  state  of  Illinois  shall  place  any  child  in  any  family 
home  within  the  boundaries  of  the  state  of  Illinois  either 
with  or  without  indenture  or  for  adoption,  unless  the  said 
association  shall  have  furnished  the  board  of  state  commis- 
sioners of  public  charities  with  such  guaranty  as  they  may 
require  that  no  child  shall  be  brought  into  the  state  of  Illi- 
nois bv  such  society  or  its  agents,  having  any  contagious,  or 
incurable  disease,  or  havinsr  any  deformity  or  being  of 
feeble  mind,  or  of  vicious  character,  and  that  said  associa- 
tion will  promptly  receive  and  remove  from  the  state  any 
child  brought  into  the  state  of  Illinois  by  its  agent,  which 
shall  become  a  public  charge  within  the  period  of  five  (5) 
years  after  being  brought  into  this  state.  Any  person  who 
shall  receive  to  be  placed  in  a  home,  or  shall  place  in  at 
home,  any  child  in  behalf  of  any  association,  incorporated 
in  any  other  state  than  the  state  of  Illinois,  which  shall  not 
have  complied  with  the  requirements  of  this  act  shall  be 
imprisoned  in  the  county  jail  not  more  than  thirty  days, 
or  fined  no  less  than  $5  or  more  than  one  hundred  (100) 
dollars,  or  both,  in  the  discretion  of  the  court. 

Section  17.  Religious  Preference. — The  court  in  com- 
mitting children  shall  place  them  as  far  as  practicable  in 
the  care  and  custody  of  some  individual  holding  the  same 


ILLINOIS   JUVENILE  COURT  LAW.  133 

religious  belief  as  the  parents  of  said  child,  or  with  some 
association  which  is  controlled  by  persons  of  like  religious 
faith  of  the  parents  of  the  said  child. 

Section  18.  County  Boards  of  Visitors. — The  county 
judge  of  each  county  may  appoint  a  board  of  six  reputable 
inhabitants,  who  will  serve  without  compensation,  to  con- 
stitute a  board  of  visitation,  whose  duty  it  shall  be  to  visit, 
as  often  as  once  a  year,  all  institutions,  societies  and  asso- 
ciations receiving  children  under  this  act;  said  visits  shall 
be  made  by  not  less  than  two  of  the  members  of  the  board, 
who  shall  go  together  or  make  a  joint  report;  the  said  board 
of  visitors  shall  report  to  the  court,  from  time  to  time,  the 
condition  of  children  received  by  or  in  the  charge  of  such 
associations  and  institutions,  and  shall  make  an  annual 
report  to  the  board  of  state  commissioners  of  public  chari- 
ties in  such  form  as  the  board  may  prescribe.  The  county 
board  may,  at  their  discretion,  make  appropriations  for  the 
payment  of  the  actual  and  necessary  expenses  incurred  by 
the  visitors  in  the  discharge  of  their  official  duties. 

Section  19.  Powers  of  Juvenile  Court. — The  powers  and 
duties  herein  provided  to  be  exercised  by  the  county  court 
or  the  judges  thereof  may,  in  counties  having  over  500,000 
population,  be  exercised  by  the  circuit  courts  and  their 
judges  as  hereinbefore  provided  for. 

Section  20.  Industrial  and  Training  Schools  not 
affected. — Nothing  in  this  act  shall  be  construed  to  repeal 
any  portion  of  the  act  to  aid  industrial  schools  for  girls, 
the  act  to  provide  for  and  aid  training  school  for  boys,  the 
act  to  establish  the  Illinois  State  Reformatory,  or  the  act 
to  provide  for  a  State  Home  for  Juvenile  Female  Offenders, 
and  in  all  commitments  to  said  institutions,  the  acts  in 
reference  to  said  institutions  may  govern  the  same,  except 
that  in  commitments  to  the  State  Home  for  Juvenile 
Offenders  at  Geneva,  Illinois,  either  this  act  or  the  acts  in 
reference  to  said  institution  shall  govern  the  same  and  in 
all  proceedings  and  papers,  said  institution  may  be  desig- 
nated as  a  "State  Training  School  for  Girls,"  and  such 
designation  shall  be  taken  and  held  to  have  the  same  legal 
effect  as  if  the  name  "State  Home  for  Juvenile  Female 
Offenders"  were  used  therein. 

Section  21.  Construction  of  the  Act. — This  act  shall  be 
liberally  constructed  to  the  end  that  its  purpose  may  be 


134  ILLINOIS    JUVENILE   COURT   Li^JW. 

carried  out,  to  wit:  That  the  care,  custody  and  discipline 
of  a  child  shall  approximate  as  nearly  as  may  be  that  which 
should  be  given  by  its  parents,  and  in  all  cases  where  it 
can  properly  be  done,  the  child  to  be  placed  in  an  approved 
family  home  and  become  a  member  of  the  family  by  legal 
adoption  or  otherwise. 

Section  22.  Support  of  Children. — If  it  shall  appear, 
upon  the  hearing  of  the  cause  that  the  parent,  parents,  or 
any  person  or  persons  named  in  such  petition  who  are  in 
law  liable  for  the  support  of  such  child,  are  able  to  contri- 
bute to  the  support  of  such  child,  the  court  shall  enter  an 
order  requiring  such  parent,  parents  or  other  persons  to 
pay  to  the  guardian  so  appointed  or  to  the  institution  to 
which  such  child  may  be  committed,  a  reasonable  sum  from 
time  to  time  for  the  support,  maintenance  or  education  of 
such  child,  and  the  court  may  order  such  parent,  parents  or 
other  persons  to  give  reasonable  security  for  the  payment 
of  such  sum  or  sums  and  upon  failure  to  pay,  the  court  may 
enforce  obedience  to  such  order  by  a  proceeding  as  for  con- 
tempt of  court.  The  court  may,  on  application  and  on  such 
notice  as  the  court  may  direct  from  time  to  time,  make  such 
alterations  in  the  allowance  as  shall  appear  reasonable  and 
proper. 

Section  23.  Order  Relating  to  Support. — If  the  person 
so  ordered  to  pay  for  the  support,  maintenance  or  educa- 
tion of  a  dependent,  neglected  or  delinquent  child  shaU  be 
employed  for  wages,  salary  or  commission,  the  court  may 
also  order  that  the  sum  to  be  paid  by  him  shall  be  paid  to 
the  guardian  or  institution  out  of  his  wages,  salary  or 
commission  and  that  he  shall  execute  an  assignment  thereof 
protanto.  The  court  may  also  order  the  parent  or  the  per- 
son so  ordered  to  pay  the  sum  of  money  for  the  support, 
maintenance  or  education  of  a  child,  from  time  to  time 
make  discovery  to  the  court  as  to  his  place  of  employment 
and  amount  earned  by  him.  Upon  his  failure  to  obey  the 
orders  of  court  he  may  be  punished  as  for  contempt  of 
court. 

Section  24.  Guardianship  of  Person. — Nothing  in  this 
act  shall  be  construed  to  give  the  guardian  appointed  under 
this  act  the  guardianship  of  the  estate  of  the  child  or  to 
change  the  age  of  minority  for  any  other  purpose  except 
the  custody  of  the  child. 


ILLINOIS   JUVENILE   COURT  LAW.  135 

Section  25.  Validity  of  Act.— The  invalidity  of  any  por- 
tion of  this  act  shall  not  effect  the  validity  of  any  other  por- 
tion thereof  which  can  be  given  effect  without  such  invalid 
part. 

Section  26.  Cases  under  this  act  may  be  reviewed  by 
writ  of  error. 

Law  in  force  as  amended  July  1,  1907. 


ILLINOIS    JUVENILE    COURT    LAW. 


Hahvkv  n.  Uima, 


9«  0.  Rurley,  Esq.«. 

Prcaldent  Visitation  A  Aid  Soelety, 
City. 
Soar  Sir: 

In  roferenee  to  your  Inquiry  as  to  the  hlstoi7  and  daval* 
opment  of  the  Juvenile  Court  Law.  So  far  as  1  had  any  thing  to  (to 
•1th  It,  It  was  of  alow  crowth.  The  suggostlons  cane  froii  tsany  4t- 
reotlons.  One  of  the  tirst   cane  from  your  office  In  I89I,  In  the 
shape  of  a  BilKHouse  Bill  Vo.  433)  Introduced  Into  the  House  by 
Hon.  Joseph  A.  O'Donnoll.  The  nam  thought  of  this  fllU  wtis,  th*t 
Courts  wttild  be  cuthorl'.ed  to  eo-nlt  children,  not  having  proner 
parental  care,  to' societies  or  organizations,  whose  purpose  vas  tho 
coring  of  such  ohlldron. 

This  Bili  reiulred,the  societies  t»  kaep  a  record  of  ehll'i 
dren  coRnlted  to  theo,  and  to  exerelse  a  supervising  ear*  of  tli* 
-ohlldron  placed  in  f  anil  lee. 

Yours  rerfpeetfully. 


Author  of  Illinois  Juvenile  Court  Law. 


JUVENILE 

COURT 

BILL 


CHAPTER  IX. 
BILL 

Thirty-seventh  Assembly,  House  No.  433,  February,  1891. 

1.  Introduced  by  Mr.  Joseph  A.  O'Donnell,  February 
24,  1891. 

2.  Read  by  title  February  24,  1891.  Ordered  printed 
and  referred  to  the  Committee  on  Judiciary. 

A  BILL 

For  an  act  to  authorize  corporations  not  for  pecuniary  pro- 
fit to  manage,  care  and  provide  for  children  who  may  be 
abandoned,  neglected,  destitute  or  subjected  to  perverted 
training. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly.  That  when- 
ever it  shall  appear  to  any  county  court  of  this  state  that  any 
child  who  may  be  brought  before  it,  has  no  parent,  guard- 
ian or  other  person  to  bestow  upon  it  ordinary  and  proper 
parental  care,  or  that  it  is  abandoned  or  entirely  neglected 
or  cruely  treated  by  the  person  or  persons  sustaining  the 
parental  relation  to  it;  or  that  it  has  no  proper  parental 
care  or  guardianship ;  or  that  it  is  being  trained  or  allowed 
to  be  trained  in  vice  and  crime  by  the  person  or  persons 
having  charge  of  it ;  or  that  being  in  charge  of  no  one,  it  is 
destitute  and  incapable  of  providing  for  itself,  such  court 
may,  in  any  case,  by  order,  commit  the  custody  and  care 
of  any  such  child  to  any  corporation,  not  for  pecuniary  pro- 
fit, organized  under  the  laws  of  this  state,  the  objects  of 
whose  organization  may  embrace  the  purpose  of  caring  for 
any  such  child,  and  which  corporation  may,  in  the  judg- 
ment of  such  court,  be  competent  and  disposed  to  properly 
care  and  provide  for  such  child. 


140  FIRST  JUVENILE  COURT  BILL. 

Section  2.  Any  child  so  committed  may,  by  such  corpor- 
ation, be  kept  or  placed  or  put  out  in  a  home  or  family  or 
institution  in  charge  of  any  person  or  persons  who  may 
appear  to  be  fit,  competent  and  disposed  to  duly  provide 
for  and  properly  train  it.  It  shall  be  the  duty  of  such  cor- 
poration to  keep  a  record  of  every  child  so  placed,  and  so 
far  as  practicable  to  see  that  such  child  be  properly  trained 
and  provided  for,  and  the  officers  and  managers  of  such 
corporation  shall  have  a  supervising  care  over  such  child 
after  it  shall  be  so  put  out,  to  see  that  it  shall  be  properly 
treated  and  cared  for,  and  said  officers  and  managers  shall 
have  power  to  reclaim  any  such  child,  so  put  out,  whenever 
in  the  judgment  of  said  officers  and  managers  it  shall  be 
for  the  best  interest  of  said  child. 

Section  3.  Nothing  in  this  act,  or  that  may  be  done 
hereunder,  shall  prevent  the  laws  upon  the  subject  of  adop- 
tion of  children  in  force,  or  that  may  be  enacted  in  this 
state,  being  applied  to  the  case  of  any  such  child.  Nor 
shall  anything  herein  contained,  or  that  may  be  done  here- 
under, prevent  the  resumption  of  parental  rights  towards 
the  child  should  it  be  found  that  such  parental  rights  can 
be  resumed  without  endangering  the  morality  or  well-being 
of  such  child. 


The  above  bill  was  drafted  in  the  office  of  the  Visitation 
and  Aid  Society  and  introduced  in  the  Legislature  by 
request  of  the  officers  of  the  Society.  The  bill  passed  to 
second  reading,  but  failed  to  become  a  law. 


SCOPE 
OF  THE 
JUVENILE 
COURT 
LAW 


CHAPTER  X. 

THE  JUVENILE  COURT  LAW 

WHAT  IS   ITS  SCOPE? — HOW  TO   PROCEED   UNDER  IT. 

The  beneficent  effects  of  Juvenile  Court  laws  are  now 
generally  conceded.  The  Illinois  Juvenile  Court  Law  was 
enacted  by  the  Legislature  of  1899  and  went  into  effect  July 
1st  of  that  year.  Within  seven  years  Juvenile  Court  laws 
have  been  enacted  in  Illinois,  Indiana,  Ohio,  Michigan, 
Pennsylvania,  New  York,  New  Jersey,  Kentucky,  Washing- 
ton, D.  C,  Wisconsin,  Iowa,  Kansas,  Missouri,  Colorado, 
]\iinnesota,  Utah,  Washington,  Oregon,  California,  Massa- 
chusetts, Connecticut,  Georgia,  Louisiana,  Delaware,  Texas, 
Rhode  Island  and  Nebraska.  The  good  results  of  these  laws 
are  already  being  seen  in  the  diminution  of  juvenile  crime, 
the  prevention  of  truancy,  the  improvement  of  homes 
through  the  wholesome  influence  of  probation  officers  and 
the  more  efficient  and  wise  care  of  homeless  and  neglected 
children.  The  juvenile  courts  have  become  a  rallying  place 
for  the  representatives  of  all  child-saving  organizations, 
and  as  a  result  there  is  great  improvement  in  the  co-opera- 
tion between  such  organizations. 

NOT   CONFINED   TO   CITIES. 

The  Juvenile  Court  Law  is  just  as  much  needed  for  the 
rural  districts  as  for  the  large  cities.  The  Illinois  Juvenile 
Court  Law  applies  to  the  entire  state.  The  circuit  and 
county  courts  throughout  the  state,  have  original  jurisdic- 
tion in  all  cases  of  children  coming  under  the  provisions  of 
the  law.  It  is  just  as  injurious  for  children  to  be  confined 
in  county  jails  or  treated  as  criminals  in  small  cities  as  in 
large  ones,  and  the  experience  of  Massachusetts  and  Michi- 
gan has  long  since  proved  that  probation  officers  and  county 
143 


IM      SCOPE  OF  THE  JUVENILE  COURT  LAW. 

agents  are  quite  as  useful  in  the  sparsely  settled  districts 
of  the  state  as  in  the  large  cities. 

The  outlying  counties  have  been  slow  to  make  use  of  the 
law  partly  because  its  provisions  were  imperfectly  under- 
stood and  partly  because  the  occasions  for  its  use  are  much 
less  frequent ;  but  in  those  counties  where  the  law  has  been 
used,  it  has  been  found  to  be  well  adapted  to  the  needs  of 
all  sections  of  the  state. 

INFORMATION  DESIRED. 

Many  inquiries  are  made  as  to  the  purpose  and  scope  of 
the  Juvenile  Court  Law  and  the  proper  method  of  pro- 
ceeding under  it.  These  remarks  are  intended  for  the 
information  of  judges,  clerks  of  court,  county  supervisors, 
probation  officers,  officers  of  societies  and  institutions  for 
children  and  citizens  who  are  interested  in  dependent  and 
delinquent  children. 

THE   ILLINOIS    JUVENILE    COURT   LAW. 

The  lUinois  Juvenile  Court  Law  was  enacted  by  the 
Legislature  of  1899  (laws  of  1899,  page  131),  important 
amendments  were  adopted  by  the  Legislatures  of  1901-1905- 
1907.    The  law  as  amended  will  be  found  in  this  volume. 

ITS  PURPOSE. 

The  purpose  of  the  law  is  indicated  in  its  title : 
An  Act  relating  to  children  who  are  now  or  may  here- 
after become  dependent,  neglected  or  delinquent,  to  define 
these  terms,  and  to  provide  for  the  treatment,  control, 
maintenance,  adoption  and  guardianship  of  the  person  of 
such  children.  The  purpose  of  the  law  is  further  defined 
in  section  21: 

"To-wit:  That  the  care,  custody  and  discipline  of  a 
child  shall  approximate  as  nearly  as  may  be  that  which 
should  be  given  by  its  parents,  and  in  all  cases  where  it  can 
be  properly  done  the  child  to  be  placed  in  an  approved 
family  home  and  become  a  member  of  the  family  by  legal 
adoption  or  otherwise." 


HON.    JOSEPH    A.    O'DONNELL 


SCOPE  OF  THE  JUVENILE  COURT  LAW.  145 

SCOPE   OF   THE   LAW. 

The  law  applies  to  two  classes  of  children  (see  section 
1) :  First,  dependent  children,  i.  e.,  children  under  the  age 
of  sixteen  years  who  are,  "destitute,  homeless  or  depend- 
ent, ' '  dependent  upon  the  public  for  support,  without  prop- 
er parental  care,  residents  in  disreputable  houses,  having 
unfit  homes  and  children  under  ten  years  of  age  who  are 
found  begging,  peddling  or  participating  in  public  enter- 
tainments, etc.  Second,  delinquent  children,  i.  e.,  boys  and 
girls  under  sixteen  years  of  age  who  are  criminal,  incorrigi- 
ble, associates  of  thieves  or  vicious  persons  or  who  fre- 
quent houses  of  ill  fame  or  gambling  houses,  etc. 

WHO  ABE  TO  ACT? 

Any  reputable  citizen  of  the  county  may  petition  in  be- 
half of  a  dependent  or  delinquent  child.  The  petition  must 
be  filed  either  with  the  circuit  or  county  court  of  any 
county.    In  Chicago  such  petitions  go  to  the  Juvenile  Court. 

NOT  A  CRIMINAL  PROCEEDING. 

This  law  is  expressly  framed  to  avoid  treating  a  child  as 
a  criminal ;  to  this  end  the  proceedings  are  divested  of  all 
the  features  which  attach  to  a  criminal  proceeding.  In- 
stead of  a  ''complaint"  or  "indictment,"  there  is  a  "peti- 
tion." Instead  of  a  "warrant"  there  is  a  "summons." 
The  child  is  not  "arrested"  but  is  brougt  in  by  the  parent 
or  guardian  or  by  a  probation  officer.  The  law  expressly 
forbids  keeping  a  child  under  twelve  years  of  age  in  any  jail 
or  lockup,  but  he  is  to  be  kept  temporarily  in  a  "  detention 
home"  or  other  suitable  place  outside  the  jail. 

When  the  child  is  brought  into  court  the  inquiry  is  with 
reference  to  the  condition  of  the  child.  Is  there  a  condi- 
tion of  dependency  or  a  condition  of  delinquency?  In- 
stead of  a  "prosecutor"  there  is  a  "probation  officer"  who 
is  there  not  to  "convict"  the  child  but  to  "represent  his 
interests."    Instead  of  a  jury  of  twelve  men,  there  is  a 


U6  SCOPE  OF  THE  JUVENILE  COURT  LAW. 

jury  of  six  men  or  no  jury  at  all.  The  chUd  is  not  "con- 
victed" but  is  ** found  dependent"  or  "found  delinquent." 
The  child  is  not  "sentenced"  to  a  reformatory  or  prison, 
but  is  "committed"  to  the  care  of  a  probation  officer  or  to 
the  care  of  a  friendly  institution.  The  proceedings  in  court 
are  informal.  The  strict  rules  of  evidence  are  not  adhered 
to.  The  effort  is :  first,  to  find  out  what  is  the  best  thing  to 
be  done  for  a  child ;  and,  second,  if  possible,  to  do  it. 

THE  PETITION. 

{Juvenile  Court  Blanks  No.  1  and  2.) 

The  Juvenile  Court  Law  provides  (Sec.  4.)  that:  "Any 
reputable  person  being  a  resident  of  the  county,  having 
knowledge  of  the  child  who  appears  to  be  dependent  or 
delinquent,  may  file  with  the  clerk  of  the  court  a  petition  in 
writing,  setting  forth  the  facts  verified  by  affidavit.  It 
shall  be  sufficient  that  the  affidavit  is  upon  information  and 
belief." 

The  essential  points  in  the  petition  are :  first,  that  it  shall 
be  made  by  a  resident  of  the  county  in  which  the  child  is 
found;  second,  that  it  shall  declare  the  child  to  be  "depend- 
ent" or  "delinquent";  third,  that  it  shall  state  clearly  the 
jurisdictional  facts ;  in  other  words,  that  the  dependency  or 
delinquency  shaU  be  described  in  the  language  of  the  stat- 
ute (Sec.  1),  with  such  brief  explanation  added  as  wiU 
make  the  case  clear;  fourth,  that  the  petition  shall  make 
clear  the  known  facts  with  reference  to  the  parents  or 
guardian  of  the  child;  or  if  no  facts  are  known,  shall  so 
state. 

THE  HISTORY. 

{Juvenile  Court  Blank  No.  3.) 

With  the  petition  should  be  filed  a  history  sheet  con- 
taining in  outline  the  important  facts  relating  to  the 
child's  parentage,  birth,  physical  condition,  education, 
teachers,  character,  guardianship,  previous  dependency  or 


SCOPE  OF  THE  JUVENILE  COURT  LAW.  147 

delinquency,  also  any  facts  relative  to  property,  immediate 
or  prospective,  belonging  to  the  child. 

The  history  is  important  both  for  the  information  of  the 
court  and  for  the  information  of  others  who  may  subse- 
quently have  the  care  of  the  child. 

The  history  sheet  should  be  filled  out  either  by  the  peti- 
tioner of  by  the  clerk  of  court  or  by  the  probation  officer 
who  may  have  investigated  the  case. 

THE  SUMMONS. 

(Juvenile  Court  Blank  No.  4.) 

The  law  requires  (Sec.  5)  that  "the  parents  of  the  child, 
if  living,  and  their  residence  is  known,  or  its  legal  guard- 
ian, if  one  there  be,  or  if  there  is  neither  parent  or  guard- 
ian, or  if  his  or  her  residence  is  not  known,  then  some  rela- 
tive, if  there  be  one,  and  his  residence  is  known  shall  be 
made  party  to  the  proceedings  and  summoned  into  court. 

The  summons  is  an  essential  part  of  the  proceedings,  for 
the  reason  that  if  the  parent  or  guardian  have  not  been 
summoned  the  whole  action  is  vitiated.  If  the  whereabouts 
of  the  parent  or  guardian  is  not  known,  it  is  necessary 
that  a  diligent  effort  shall  be  made  to  ascertain  the  where- 
abouts of  the  individual  and  to  have  summons  served  per- 
sonally. 

If  it  is  not  possible  to  serve  summons,  then  a  return  should 
be  made,  with  the  reasons  for  the  failure,  and  service  must 
then  be  obtained  by  publication. 

If  the  child  is  illigitimate  summons  may  be  served  on  the 
mother  only,  as  the  father  has  no  right  to  the  custody  of 
the  child.  In  case  of  a  child  of  divorced  parents,  the  terms 
of  the  decree  of  divorcement  should  be  consulted.  This  de- 
cree will  most  likely  determine  who  has  the  legal  custody  of 
the  child  and  who  is  to  be  summoned  or  notified  into  court. 
If  the  parent  is  an  inmate  of  a  public  institution  personal 
service  should  be  had  if  possible.    The  fact  that  the  indi- 


148  SCOPE  OP  THE  JUVEINILB  COURT  LAW. 

vidual  is  an  inmate  of  an  insane  asylum  or  prison  does 
not  effect  the  necessity  of  summons  being  served. 

The  summons  may  be  served  either  by  sheriff  or  deputy 
sheriff  or  a  probation  officer. 

THE  WARRANT. 

{Juvenile  Court  Blanks  Nos.  5  and  6.) 

The  Juvenile  Court  Law  does  not  contemplate  the  use  of 
a  warrant,  if  the  presence  of  the  child  can  be  obtained  in 
response  to  the  notice.  The  law  says:  "A  warrant  may 
issue,  on  the  order  of  the  court"  against  the  parent,  guard- 
ian, custodian  or  the  child  itself :  first,  in  case  the  summons 
cannot  be  served;  second,  in  case  the  party  served  fails  to 
obey;  third,  in  any  case  where  it  shall  appear  to  the  court 
that  the  summons  will  be  ineffectual.  If  a  warrant  is  found 
necessary,  an  affidavit  must  be  filed  showing  the  necessity 
for  the  M^arrant. 

TRIAL  OP  THE  CASE. 

{Juvenile  Court  Blank  No.  7,  Verdict;  No.  8  and  No.  9, 
Court  Orders;  No.  10,  Commitment.) 

The  Juvenile  Court  Law  provides  (Sec.  2)  that  "the  cir- 
cuit and  county  courts  shall  have  original  jurisdiction  in 
all  cases  coming  within  the  terms  of  this  act.  In  all  trials 
under  this  act  any  person  interested  therein  may  demand 
a  jury  of  six  or  the  judge,  of  his  own  judgment,  may  order 
a  jury  of  the  same  number."  In  cases  where  it  is  desired 
to  commit  a  child  under  the  Industrial  and  Manual  Train- 
ing School  Acts  a  jury  is  necessary. 

After  hearing  the  case  the  judge  enters  such  order  as  he 
may  deem  proper,  under  the  statute.  If  the  child  is  declared 
dependent  the  court  may  commit  it  ''to  the  care  of  a  suit- 
able state  institution,  or  of  some  reputable  citizen,  or  of 
some  training  school  or  industrial  school  as  provided  by 
law,  or  to  the  care  of  some  association,  willing  to  receive 


SCOPE  OP  THE  JUVENILE  COURT  LAW.  a49 

it,  embracing  in  its  objects  the  purpose  of  caring  or  obtain- 
ing homes  for  dependent  or  neglected  children,  which  asso- 
ciation shall  have  been  accredited,"  as  provided  in  section 
13  of  the  Act. 

If  the  child  is  found  delinquent,  the  court  "may  commit 
the  child  to  the  care  or  custody  of  a  probation  officer,  and 
may  allow  said  child  to  remain  in  its  own  home,  subject 
to  visitation  ...  ;  or  the  court  may  cause  the  child  to 
be  placed  in  a  suitable  family  home  subject  to  supervision 
...  ;  or  it  may  authorize  the  child  to  be  boarded  out  .  .  .  ; 
or  may  commit  the  child  to  a  training  school  or  an  indus- 
trial school  or  any  state  institution,  or  to  some  suitable 
private  institution ;  or  to  the  care  of  some  association  that 
has  been  duly  accredited,"  as  provided  in  section  13  of 
the  Act. 

THE  IMPORTANCE  OF  ''rED  TAPE.'' 

It  is  important  that  the  case  shall  be  tried  in  conformity 
with  the  statute.  This  is  especially  true  in  cases  relating 
to  dependent  children  who  are  to  be  separated  from  their 
parents  or  guardians.  The  Supreme  Coui-t  of  Illinois  has 
ruled  in  cases  of  adoption  that  if  there  is  any  flaw  in  the 
proceedings  at  any  step  the  adoption  is  invalidated.  In 
this  way  adopted  children  have  lost  valuable  inheritances 
which  were  intended  for  them  by  their  adopted  parents. 

It  is  essential  that  the  court  order  shall  not  only  conform 
to  the  statute,  as  regards  its  own  substance,  but  also  that  it 
shall  state  the  same  facts  which  are  contained  in  the  peti- 
tion. It  is  essential  that  the  record  shall  show  either  that 
summons  was  actually  served  upon  the  parents,  guardian  or 
relative,  as  required  in  the  statute,  or  that  publication  was 
had  in  accordance  with  the  statute. 

When  a  child  is  committed  to  the  care  of  an  association 
or  an  individual,  under  this  Act,  a  certified  copy  of  the 
order  should  be  furnished  the  party  receiving  the  child. 

In  the  trial  of  cases  under  this  act  the  courts  are  accus- 
tomed to  allow  more  latitude  in  taking  testimony  thaji  is 


150  SCOPE  OF  THE  JUVENILE  COURT  LAW. 

allowed  in  ordinary  court  proceedings,  for  the  reason  that 
the  action  is  intended,  not  to  secure  a  conviction  for  some 
offense,  but  simply  to  ascertain  the  facts  in  order  to  enable 
the  court  to  take  such  action  as  shall  be  for  the  best  inter- 
est of  the  child. 

DOCUMENTS  RELATING  TO  WORK  OP  PROBATION  OFFICERS. 

{Juvenile  Court  Blanks  Nos.  11, 12, 13  and  14.) 

Are  intended  for  the  use  of  probation  officers  in  dis- 
charging their  duties  under  the  law.  Blank  No.  11  is  a 
commission  for  probation  officer;  Blank  No.  12  contains 
the  instructions  issued  to  the  probation  officers  of  the  Cook 
County  Juvenile  Court  by  the  Hon.  Richard  S.  Tuthill, 
judge  of  that  court. 

Blank  No.  13  is  a  ** parole  card"  to  be  given  to  chil- 
dren under  parole  for  the  information  of  such  children 
and  their  guardians  with  regard  to  their  relations  to  the 
probation  officer;  Blank  No.  14  is  a  blank  for  the  proba- 
tion officer's  report  to  the  court  relative  to  the  cliild  under 
his  charge. 


JUVENILE 

COURT 

BLANKS 


JUVENILE  COURT  BLANKS 

The  following  blanks  have  received  the  approval  of  Hon. 
R.  S,  Tuthill  of  the  Juvenile  Court  of  Chicago.  They  show 
the  mode  of  procedure  whereby  the  children  are  brought 
before  the  Juvenile  Court  of  Cook  County,  Illinois,  by 
which  the  court  obtains  jurisdiction  and  information  in 
reference  to  children: 

1.  Petition — Dependent  child. 

2.  Petition — Delinquent  child. 

3.  History  sheet  (the  history  sheet  is  not  jurisdictional, 
but  simply  a  memorandum  to  the  court). 

4.  Summons. 

5.  Affidavit  showing  necessity  for  a  \varrant. 

6.  Warrant. 

7.  Verdict  of  the  jury  (when  a  jury  is  required). 

8.  Order  pardoning  a  delinquent  child. 

9.  Decree — Dependent  child. 

10.  Decree — Delinquent  child. 

11.  Commission  appointing  probation  officers. 

12.  instructions  to  probation  officers  by  the  court. 

13.  Parole  card. 

14.  Report  blank. 

15.  Filing  on  back  of  each  blank. 

Each  of  the  above  blanks  is  printed  oh  a  separate  sheet. 


153 


154  JUVENILE  COURT  BLANKS. 

(Juvenile  Court  Blank  No.  1.) 

PETITION— DEPENDENT  CHILD. 

STATE  OF  ILLINOIS, 

COUNTY,  ss. 

IN  CIRCUIT  COURT  OF COUNTY. 

Term,  190.. 

To  the  Honorable , 

Judge  of  the  Circuit  Court  of County. 

Your  petitioner, ,  a  reputable 

person  and  resident  of  said  County,  respectfully  represents 

unto  Your  Honor  that  a ,a& 

bom  on  or  about  c ,  now  being  within  said 

County,  is  a  Dependent  Child,  in  this ;  that  d 

the  said  a e 


Your  petitioner  further  represents  that  the  said  child 

is  in  the  custody  or  control  of  or  with 

residing  at 

that  the  father  of  said  child  is 

and  that  his  residence  is .......... 

that  the  mother  of  said  child  is .....-.: 

and  that  her  residence  is 

that  the  legal  guardian  of  said  child  is 

and  that  h —  residence  is 

that  a  near  relative  of  said  child  is . .,. . . . 

and  that  h —  residence  is 

Your  petitioner  further  shows  that  the  said  named  rela- 
tives, to  wit : 

consents  that  said  child  may  be  taken  away  from 

and  committed  to  the  care,  education  and  training  of  some 
suitable  person  or  Association  or  Institution  that  has  been 
accredited  according  to  law  by  the  State  Commissioners  of 


JUVENILE   COURT  BLANKS.  155 

Public  Charities  of  the  State  of  Illinois  and  also  placed 
under   the   guardianship   of   some   suitable   person   to   be 
appointed  by  this  Honorable  Court. 
Your  petitioner  further  shows  that  said 

of  said  child  have  wholly  neglected,  failed  and  refused  and 
do  neglect,  fail  and  refuse  to  properly  care  for  said  child, 
and  that  they  and  each  of  them  are  unfit  and  improper 
guardians  and  are  wholly  unable  (or  unwilling)  to  (a)  care 
for,  protect,  train,  educate,  control,  or  discipline  said 
child  by  reason  whereof has  become  and  is  depend- 
ent as  aforesaid. 
And  that  f  < 


Your  petitioner  prays  that  the  said 


and  each  of  them  and  ALL  WHOM  IT  MAY  CONCERN, 
who  are  hereby  made  parties  defendant  hereto,  be  required 
to  personally  be  and  appear  before  this  Honorable  Court, 

on  the day  of 19 at  the  hour 

of M.  and  then  and  there  have  said  child 

in  open  Court,  and  show  if  they  or  either  of  them  can, 
why  the  said  child  should  not  be  forthwith  taken  from 

and  thereafter  be  and  remain  a  ward  of  this 

Honorable  Court,  and  committed  to  the  care,  education  and 
training  of  some  suitable  person,  or  Association  or  Insti- 
tution, that  has  been  accredited  according  to  law  by  the 
State  Commissioners  of  Public  Charities  of  the  State  of 
Illinois  and  also  awarded  by  this  Court,  to  the  guardian- 
ship of  some  proper  and  suitable  person. 

And  that  upon  the  hearing  of  this  cause,  this  Honorable 
Court  make  such  disposition  of  the  custody  of  said  child 
as  will  best  serve  the  interest  of  said  child  and  the  people 
of  the  State  of  Illinois,  in  accordance  with  the  statute  in 
such    case   made  and    provided    and   the    defendants    or 


■:>^m. 


156  JUVENILE  COURT  BLANKS. 

some  of  them  be  ordered  to  pay  a  reasonable  amount  from 
time  to  time  for  the  support,  maintenance  and  education 
of  said  child 

And  that  the  Court  appoint  some  proper  and  suitable 
person  guardian  over  the  person  of  said  child  and 
authorize  and  empower  such  guardian  to  assent  to  the  legal 
adoption  of  said  child  should  any  proceedings  for  its 
adoption  be  commenced  in  any  Court  at  any  time  during 
her  guardianship,  without  any  notice  to  or  assent  by  any 
person  other  than  such  guardian  of  said  child,  and  make 
such  other  and  further  orders  in  this  cause  as  to  your 
Honor  shall  seem  meet  according  to  equity  and  good  con- 
science and  according  to  the  statute  in  such  case  made 
and  provided. 

May  it  please  your  Honors  to  grant  unto  your  petitioner 
the  writ  of  summons  issued  out  of  Chancery  directed  to  the 
Sheriff  or  any  Probation  officer  of  said  County  therein 
and  thereby  commanding  him  to  summon  the  said 

and  ALL  WHOM  IT  MAY  CONCERN  to  personally  be 

and  appear  before  this  Honorable  Court  on  the day 

of 19 . .  at  the  hour  of M. 

and  that  they  then  and  there  have  said  (d) 

in  open  Court. 


Attorney  for  Petitioner. 
State  of  Illinois 
County  of  Cook 
ss. 

_ being  first  duly  sworn 

deposes  and  says  that  affiant  has  read  the  above  and  fore- 
going petition  by  affiant  subscribed  and  knows  the  con- 
tents thereof  and  that  the  same  is  true  to  the  best  of  affi- 
ant'5  knowledge  and  belief. 


JUVENILE  COURT  BLANKS.  157 

Subscribed  and  sworn  to  before  me 

this day  of A.  D.  190. . 

Clerk. 

a  Insert  the  name  of  the  child.  Spell  accurately,  b  Insert  "boy" 
or  "girl."  c  Insert  date  of  birth  as  nearly  as  known,  d  Insert 
"he"  or  "she."  e  Insert  one  or  more  facts  constituting  depend- 
ency in  exact  words  of  Section  I  of  the  Statute;   e.  g.: 

(1)  Is  not  a  permanent  place  of  abode. 

(2)  Has  not  sufficient  means  of  subsistence. 

(3)  Is  in  a  poor  house  at,  to-wit : 

County  and  State  aforesaid. 

(4)  Is  now  in  a  certain  house  of  ill  fame  at,  to-wit : 

within  the  County  and  State  aforesaid,  but 

is  not  an  inmate  thereof. 

(5)  Is  now  in a  prison  within 

said  County,  and  not  charged  with,  or  convicted  of  any 
penal  offence. 

(6)  Has  not  proper  (a)  parental  care,  (b)  guardian- 
ship. 

(7)  Is  destitute,  homeless  and  abandoned. 

(8)  Is  dependent  upon  the  public  for  support. 

(9)  Is  living  in  a  certain  house  of  ill  fame,  at,  to-wit: 
within  the  said  County. 

(10)  (a)  lives,  (b)  consorts  with  certain  vicious  and 
disreputable  persons  whose  names  are  to  petitioner  un- 
known. 

(11)  Has  a  home,  which  by  reason  of  the  (a)  neglect, 

(b)  cruelty,  (e)  depravity  of in  whose  care 

said  child  is,  has  become  and  is  an  unfit  place  for  said  child. 

(13)  In  the  County  aforesaid,  on,  to-wit:  the 

day  of A.  D.  19 . .  and  for  a  long  time 

prior  thereto  did  go  about  and  frequent  (2)  certain  streets, 
alleys,  and  other  places  for  the  purpose  of  (1)  begging, 
(2)  receiving  alms. 

(14)  In  the  County  aforesaid  did  frequent  the  company 
of  certain  (1)  reputed  thieves,  (e)  vicious  persons,  whose 
names  and  residences  are  to  petitioner  unknown. 


158  JUVENILE   COURT  BLANKS. 

(15)  In  the  County  aforesaid,  on,  to-wit:  the day 

of A.  D.   19 . .    did  wander  through 

and  about  certain  (a)  streets  and  alleys,  (b)  public  places. 

(16)  In  the  County  aforesaid,  while  selling  or  pretend- 
ing to  sell in  public  did  (a)  beg,  (b)  receive  alms. 

(17)  In  the  County  aforesaid  did  habitually  beg  and 
receive  alms. 

(Under  10  years  old.) 

(18)  In  the  County  aforesaid,  on,  to-wit:  the 

day  of A.  D.  19. .,  did  (a)  beg,  (b) 

peddle (c)    sell 

(19)  In  the  County  aforesaid,  on  the  public  streets 

and  highways  on,  to-wit :  the day  of A.  D, 

19. .  did  (a)  sing,  (b)  play  a  certain  musical  instrument. 

(20)  At in  the   County   aforesaid, 

on,  to-wit:  the day  of A.  D.  19. . 

did  give  a  public  entertainment. 

(21)  In  the  County  of  Cook  aforesaid  (a)  accompan- 
ies, (b)  is  used  in  aid  of,  one who  is  engaged 

in  the  business  of,  and  is  giving  public  entertainments. 

Then  insert  particular  facts,  explaining  the  cause  of  depend- 
ency, as  stated,  in  the  foregoing. 

f  Insert  facts  as  to  parentage  or  guardianship,  accounting 
fully  for  each  of  the  parents  of  said  child;  stating  reasons  as  to 
each  of  the  parents  and  guardian  why  he  or  she  is  unable  or  unfit 
to  care  for  the  child. 

Is  unfit  to  have  said  child  because, 

(1)  Is  a  vicious  and  depraved  person. 

(2)  Has  been  and  is  living  in  a  state  of  open  and 
notorious  adultery   (fornication). 

(3)  Is,  and  for  the  space  of  one  year  continuously  im- 
mediately preceding  the  filing  of  this  petition  herein,  has 
been  an  habitual  drunkard. 

(4)  Did  on  or  about  the day  of 

19 . .  strike  the  said  child  a  violent  blow  with  his  fist  and 

did    (a)  

and  on  or  about  the day  of 19. .  he 


JUVENILE  COURT  BLANKS.                          159 
again    (a) 

and  at  divers  other  times  he  repeatedly  and  cruelly  abused 
and  ill-treated  the  said  child. 

(5)  Abandoned  said  child. 

(6)  On  or  about  the day  of 19. . 

deserted  said  child  and  from  thence  until  hitherto  for  a 
period  of  more  than  six  months  continuously  absented 
from  it. 


160  JUVENILE  COURT  BLANKS. 

(Juvenile  Court  Blank  No.  2.) 
PETITION— DELINQUENT  CHILD. 

STATE  OF  ILLINOIS, 

COUNTY,  ss. 

IN  CIRCUIT  COURT  OF COUNTY. 

Term,  190.. 

To  the  Honorable 

Judge  of  the  Circuit  Court  of County. 

Your  petitioner, ,  a  reputable 

person  and  resident  of  said  County,  respectfully  represents 

unto  Your  Honor  that  a ,  a  h 

born  on  or  about  c ,  now  being  within  said 

County  is  a  Delinquent  Child,  in  this;  that  d  .... 

the  said  a e , 


Second.    Your  petitioner   further  represents  that   the 

said  child  is  in  the  custody  or  control  of  or  with  (a) 

residing  at    (b) 

that  the  father  of  said  child  is  (a) 

and  that  his  residence  is   (b) 

that  the  mother  of  said  child  is  (a) 

and  that  her  residence  is   (b) 

that  the  legal  guardian  of  said  child  is  (a) 

and  that  h —  residence  is  (b) 

that  a  near  relative  of  said  child  is  (c) 

and  that  h —  residence  is  (b) 

that  petitioner  knows  of  no  near  relative  of  said  child. 

Third,  Petitioner  further  represents  that  the  above 
named  (a)  parents,  (b)  father,  (c)  mother,  (d)  guardian, 
(e)  custodian,  (f)  near  relative,  consent  that  said  child  be 
taken  away  from and  committed  to  the 


JUVENILE  COURT  BLANKS.  161 

care,  education  and  training  of  some  suitable  person  or  any 
Institution  provided  by  the  City,  County  or  State  or  any 
Association  or  Institution  that  has  been  accredited  ac- 
cording to  law  by  the  State  Commissioners  of  Public 
Charities  of  the  State  of  Illinois  and  also  placed  under 
the  guardianship  of  some  suitable  person  to  be  appointed 
by  this  Honorable  Court. 

Fourth.  Petitioner  further  shows  that  the  said  (a) 
parents,  (b)  father,  (c)  mother,  (d)  guardian,  (e) custo- 
dian, (f)  near  relative  of  said  child,  are  unequal  to  the 
task  and  responsibility  of  controlling  and  correcting  said 
child  and  preventing  her  from  repetitions  of  delinquency; 
that  they  and  each  of  them  suffered  and  permitted  the  said 
child  to  commit  the  acts  herein  above  alleged  against  her 
without  hindrance,  interference  or  restraint  on  their  part, 
thereby  suffering  said  child  to  become  delinquent;  that 
they    (g) 


that  they  and  each  of  them  are  (a) 

unfit,  (b)  improper  guardians  of  said  child  and  are  (a) 
unable,  (b)  unwilling  to  (a)  care  for,  (b)  protect,  (c) 
train,  (d)  educate,  (e)  control,  (f)  discipline,  said  child. 

Fifth.  Petitioner  further  represents  that  it  is  for  the 
interest  of  said  child  and  of  the  People  of  the  State  of 
Illinois  that  said  child  be  taken  from  its  (a)  parents,  (b) 
father,  (c)  mother,  (d)  guardian,  (e)  custodian,  (f)  near 
relative,  and  committed  to  the  care,  education  and  training 
of  some  suitable  person  or  any  Institution  provided  by  the 
City,  County  or  State  or  any  Association  or  Institution  that 
has  been  accredited  according  to  law  by  the  State  Commis- 
sioners of  Public  Charities  of  the  State  of  Illinois,  and 
also  placed  under  the  guardianship  of  some  suitable  person 
to  be  appointed  by  this  Honorable  Court. 

Sixth.  Petitioner  further  represents  that  the  said  (a) 
parents,  (b)  father,  (c)  mother,  (d)  legal  guardian,  (e) 


162  JUVENILE  COURT  BLANKS. 

near  relative  are  able  to  contribtue  towards  the  support  of 
the  said  child. 

Seventh.    Petitioner  prays  that  the  said   (a) 

and  each  of  them  and  ALL  WHOM  IT  MAY  CONCERN 
who  are  hereby  made  parties  defendant  hereto  be  required 
to  personally  be  and  appear  before  this  Honorable  Court 

on  the day  of ,  19 . .  at  the 

hour  of M.  and  then  and  there  have  said 

child  in  open  court,  and  show  if  they  or  either  of  them 
can,  why  the  said  child  should  not  forthwith  be  taken 

from and  thereafter  be  and  remain  a  ward 

of  this  Honorable  Court,  and  committed  to  the  care,  edu- 
cation and  training  of  some  suitable  person  or  any  Instil 
tution  provided  by  the  City,  County  or  State  or  any  Asso- 
ciation or  Institution  that  has  been  accredited  according 
to  law  by  the  State  Commissioners  of  Public  Charities  of 
the  State  of  Illinois  and  also  to  be  awarded  by  this  Court 
to  the  guardianship  of  some  proper  and  suitable  person. 

And  that  upon  the  hearing  of  this  cause,  this  Honorable 
Court  make  such  disposition  of  the  custody  of  said  child 
as  will  best  serve  the  interest  of  said  child  and  the  People 
of  the  State  of  Illinois,  in  accordance  with  the  statute  in  such 
case  made  and  provided ;  and  that  the  defendants  or  some 
of  them  be  ordered  to  pay  a  reasonable  amount  from  time 
to  time  for  the  support,  maintenance  and  education  of 
said  child. 

And  that  the  Court  appoint  some  proper  and  suitable 
person,  guardian  over  the  person  of  said  child  and  make 
such  other  and  further  orders  in  this  cause  as  to  your 
Honors  shall  seem  meet  according  to  equity  and  good  con- 
science and  according  to  the  Statute  in  such  case  made 
and  provided. 

May  it  please  your  Honors  to  grant  unto  your  petitioner 
the  writ  of  summons  issued  out  of  Chancery  directed  to 
the  Sheriff  or  any  probation  officer  of  said  County  therein 


JUVENILE  COURT  BLANKS.  163 

and  thereby  commanding  him  to  summon  the  said  (a) . . . . 

and  ALL  WHOM  IT  MAY  CONCERN  to 

personally  be  and  appear  before  this  Honorable  Court  on 

the day  of , 

190..   at  the  hour  of    M.,  and  that  they 

then  and  there  have  said  child  in  open  court. 


Petitioner. 


Attorney  for  Petitioner. 


STATE  OF  ILLINOIS, 

COUNTY  OF  COOK,  ss. 

,. being  first 

duly  sworn,  deposes  and  says  that  affiant  has  read  the 
above  and  foregoing  petition  by  affiant  subscribed  and 
knows  the  contents  thereof  and  that  the  same  is  true  to 
the  best  of  affiant's  knowledge,  information  and  belief. 

Subscribed  and  sworn  to  before  me 

this  day  of A.  D.,  190. .. 

Petition 

Delinquent  Girl. 


First.  After  (a)  insert  the  name  of  the  child  and 
after  (b)  one  or  more  of  the  following  clauses.  If  there 
are  several  causes  of  delinquency  against  the  child  in- 
clude as  many  as  you  can  prove  and  that  best  fits  your 
case. 

(1)  Did    (setting  out  the  offence  in  the  language  of 

the  statute)    

contrary  to  and  in  violation  of  the 

Statute  in  such  case  made  and  provided. 

(2)  Is  incorrigible. 


164  JUVENILE  COURT  BLANKS. 

(3)  And  at  divers  other  times  did  knowingly  and  will- 
fully associate  with  (a)  thieves,  (b)  vicious  and  immoral 
persons. 

(4)  Did  without  just  cause  therefore  and  without  the 
consent  of  his  (a)  parents,  (b)  guardian,  (e)  custodian 
absent  himself  from  his  home  or  place  of  abode. 

(5)  Did  knowingly  frequent  a  certain  (a)  house  of 
ill-repute,  (b)  policy  shop,  (c)  place  where  a  gaming  device 
was  then  and  there  operated. 

(6)  And  at  divers  other  times  did  frequent  a  certain 
(a)  saloon,  (b)  dram  shop  where  intoxicating  liquors  were 
then  and  there  sold. 

(7)  And  at  divers  others  times  did  patronize  a  certain 
(a)  public  pool  room,  (b)  bucket  shop. 

(8)  Was  wandering  around  in  certain  streets  of  the 
in  said  County,  in  the  night  time  with- 
out being  then  and  there  on  any  lawful  business  or  occu- 
pation. 

(9)  And  at  divers  others  times  habitually  (a)  wand- 
ered about  certain  railroad  tracks  and  yards,  (b)  attempted 
to  and  did  jump  onto  a  moving  train. 

(10)  Did  without  any  lawful  authority  enter  into  a 
certain  (a)  car,  (b)  engine. 

(11)  And  at  divers  other  times  did  habitually  use 
(a)  vile,  (b)  obscene,  (c)  vulgar,  (d)  profane,  (e)  inde- 
cent langage,  in  and  about  a  certain  (a)  public  place,  (b) 
school  house. 

(12)  Said  child  did  then  and  there  conduct  himself  in 
an  immoral,  indecent  and  lascivious  manner. 

Second.  Strike  out  of  the  lettered  words  all  whose 
names  have  not  been  given  in  the  second  paragraph.  After 
(g)  insert  any  specific  charge  which  you  may  have,  show- 
ing the  unfitness  of  the  parents  or  guardian,  etc.  Of  the 
lettered  words  after  (g)  leave  only  such  as  fit  your  case 
and  strike  out  the  rest. 


JUVENILE  COURT  BLANKS.  165 

Third.  This  paragraph  should  be  stricken  out  where 
none  of  the  parties  are  able  to  contribute. 

Strike  out  all  parts  of  the  petition  that  does  not  fit  your 
case. 

Insert  the  date  and  hour  at  which  you  want  the  sum- 
mons returnable,  which  can  be  any  time  not  less  than  one 
day  after  service  could  be  had  on  the  parties. 


166  JUVENILE  COURT  BLANKS. 

(Juvenile  Court  Blank  No.  3.) 
HISTORY  SHEET. 

Name  of  child date  or  birth,  as  near 

as  known Name  and  address  of  present  custodian 

Father's  name  and  address 


, Where  born 

,  Creed Mother's  name  and  address 


I •• 

Where  born 

Creed Name  and  address  of  legal  guardian, 

if  any Father's  occupation  and 

income Mother's  occupation  and  in- 
come  

Attends  what  school Teacher's  name 

State  of  health Physician 

If  the  child  has  ever  been  arrested,  give  particulars  and 
dates  


Give  previous  history  and  particulars  relating  to  home 
life  of  child,  with  causes  of  Dependency  and  Delinquency. . 


I  certify  that  the  foregoing  History  is  correct  to  the  best 
of  my  knowledge  and  belief. 

,  Probation  Officer. 

The  History  Sheet  should  be  filled  out  in  advance  and  should 
be  furnished  to  the  Judge  at  the  time  of  the  trial  for  his  in- 
formation. 

Additional  facts  brought  out  on  the  trial  should  be  filled  in  by 
the  Probation  OflScer  at  the  close  of  the  trial. 

Great  pains  should  be  taken  to  secure  correct  spelling  of  names. 


JUVENILE  COURT  BLANKS.  167 

SUMMONS. 


State  of  Illinois, 
Cook  County. 


IN   THE     CIRCUIT    COUHT    OF 
COOK  COUNTY. 


To  the  People  of  the  State  of  Illinois, 
To  the  Sheriff  of  Cook  County— GREETING : 
WE  COMMAND  that  you  summon  


and  all  whom  it  may  concern,  if  he  shall  be  found  in 
your  County,  personally  to  be  and  appear  before  the 
Circuit  Court  of  Cook  County,    before     the     Honorable 

•>    one    of   the   Judges 

thereof,  designated  to  hold  and  holding  Juvenile   Court 

thereof,  in  Chicago,  in  the  said  County  of  Cook,  on 

190..    at   o'clock   ,  to  answer 

unto  the  petition  of   

heretofore  filed  in  the  office  of  the  Clerk  of  said  Court, 

alleging  that    now  in 

the  custody  and  control  of  the  said 

is    a   dependent   delinquent   child   and 

that  he  then  and  there  have  the  said  child  in  open  Court. 

And  have  you  then  and  there  this  Writ,  with  an  en- 
dorsement thereon  in  what  manner  you  shall  have  executed 
the  same. 

WITNESS  Joseph  E.  Bidwell,  Jr.,  Clerk  of  the  said 

Court,  and  the  seal  thereof,  this  day  of 

,190... 

(SEAL)  . 

Clerk. 

SERVED  THIS  WRIT  OF  the  within  named 

by  reading  the  same  to 

and  at  the  same  time  delivering  a  copy 


168  JUVENILE  COURT  BLANKS. 

thereof  to this day 

of ,  190... 

The  other  within  named  defendants  not  found  in  my 
county. 


INSTRUCTIONS. 

If  "all  whom  it  may  concern"  are  not  made  parties  to 
the  petition  in  section  7  and  8  thereof  strike  it  out  from 
the  summons. 

If  all  parties  are  served  strike  out  the  last  part  of  the 
endorsement. 

If  there  are  parties  by  the  designation  of  "all  whom  it 
may  concern"  leave  the  last  part  of  the  endorsement  on. 


JUVENILE  COURT  BLANKS.  169 

(Juvenile  Court  Blank  No.  5.) 

AFFIDAVIT    SHOWING    NECESSITY    FOR    A 
WARRANT. 

STATE  OF  ILLINOIS, 
SS. 
COUNTY. 

In  the Court  of County. 

In  the  matter  of 

Alleged  dependent  (or  delinquent). 

being  duly  sworn,  according  to  law,  on 

oath  says,  that  a  petition  has  been  filed  according  to  "An 
Act"  to  regulate  the  treatment  and  control  of  dependent, 
neglected  and  delinquent  children.  Approved  April  21st, 
1899.  Alleging  that  the  above  named  child  is  a  dependent 
(or  delinquent)  child. 

That  this  affiant  believes  and  so  states  the  fact  to  be  that 
the  service  of  a  notice  or  summons  wiU  be  ineffectual  to 
secure  the  presence  of  said  child  in  court, 
a. 


And  therefore  asks  that  a  warrant  issue  pursuant  to  the 
provisions  of  the  act  aforesaid  for  the  aforesaid  child,  fath- 
er, mother. 

Subscribed  and  sworn  to  before  me  this day  of 

A.  D.,  190.. 

Clerk. 


170  JUVENILE  COURT  BLANKS. 

(Juvenile  Court  Blank  No.  6.) 

WARRANT— PARENT,  GUARDIAN,  CUSTODIAN  OR 
CHILD. 

STATE  OF  ILLINOIS, 

COUNTY  OF ss. 

IN  THE   COURT  OF COUNTY. 

The  People  of  the  State  of  Illinois, 

To  the  Sheriff  of  said  County  of 

Greeting : 

Whereas,  It  has  been  represented  to  the  Hon 

Judge  of  this  court,  by in  a 

petition  duly  verified,  that 

is  believed  to  be and  whereas  said  Judge  has 

appointed  the  hearing  of  said  petition  for  the day 

of A.  D.,  190. .,  at M. 

You  are  therefore  hereby  commanded  to  take  said 

and  to  have on  the 

day  of A.  D.,  190. .,  at M.,  before 

the Court,  and  then  and  there  to  await  and 

abide  the  result  of  the  trial. 

And  have  you  then  and  there  this  writ,  and  make  due 
service  as  the  law  directs. 

[seal. 

Judge  of  the Court. 

Witness Clerk  of  our  Court,  and  the  seal  of 

said  Court  at in  said  County,  this 

day  of A.  D.,  190.. 

Clerk. 


JUVENILE  COURT  BLANKS.  171 

(Juvenile  Court  Blank  No.  7.) 
VERDICT   OF   JURY. 

STATE  OF  ILLINOIS, 

COUNTY  OF ss. 

We,  the  undersigned  jurors,  in  the  case  of  a. 

who  is  alleged  to  be  & . . , child, 

having  heard  the  evidence  in  the  case,  find  that  the  said  o 

is  a  d child ;  that  e age 

is  / years,  and  that  the  other  material  facts  set 

forth  in  the  petition  filed  herein  are  true. 


Jurors. 
Illinois 190 


172  JUVENILE  COURT  BLANKS. 

(Juvenile  Court  Blank  No.  8.) 

ORDER  PAROLING  A  DELINQUENT  CHILD. 

CIRCUIT  COURT  OF  COOK  COUNTY,  ILLINOIS. 
(Juvenile  Court.) 
A.  D.  190.. 

ORDER. 

In  the  matter  of   

Juvenile  Docket  No 

This  matter  coming  on  to  be  heard  upon  the  petition  filed 
herein,  and  it  appearing  to  the  Court  that  all  persons  in- 
terested herein  have  had  due  notice  of  this  proceeding  ac- 
cording to  the  statute  in  such  cases  made  and  provided,  and 
the  Court  now  here  having  jurisdiction  of  the  subject  mat- 
ter and  of  the  parties,  and  after  hearing  all  the  evidence 
adduced  and  being  fully  advised  in  the  premises,  finds  that 

the  said is,  as 

alleged  in  the  petition,  a  delinquent 

of  the  age  of  about years. 

Therefore  it  is  considered  and  adjudged  by  the  Court 

that  the  said be  and  that. 

remain  a  Ward  of  this  Court  and  that 

be  permitted  to  go  hence  subject  to  the  visitation  of 

,  a  Probation  Officer  of  this  Court,  who 

is  hereby  appointed  to  have  charge  and  care  of 

to  look  after welfare  and  education,  and  as  such 

Probation  Officer,  from  time  to  time,  as  the  Court  shall 
direct,  report  to  the  Court  as  to  the  conduct  and  condition 
of  the  aforesaid  Ward. 


JUVENILE  COURT  BLANKS.  178 

(Juvenile  Court  Blank  No.  9.) 

DECREE  DEPENDENT 

STATE  OF  ILLINOIS, 

...' COUNTY,  ss. 

IN COURT  OF COUNTY. 

Term,  190.. 

In  the  matter  of ,  a  dependent  child, 

before  the  Honorable Judge  of  said  Court. 

This  matter  coming  on  to  be  heard  upon  the  duly  verified 
petition  filed  by ,  a  reputable  person  be- 
ing a  resident  in  said  County;  and  it  appearing  to  the 
Court  that  all  persons  interested  herein  have  due  notice  of 
this  proceeding,  according  to  the  Statute,  in  such  cases 

made  and  provided ;  and the 

of  said  child,  and  the  said  child  being  present  a. . .. 

It  is  ordered  that  a  Jury  come,  whereupon  come  the  Jup 
ors  of  a  Jury  of  six  good  and  lawful  men,  to-wit : 


who  are  duly  elected,  tried  and  sworn  well  and  truly  to  try 
the  issues  joined  and  a  true  verdict  render,  according  to 
the  evidence;  and  after  hearing  all  the  evidence  adduced 
and  the  arguments  of  counsel,  say :  We,  the  Jurors  in  the 
case  of who  is  alleged  to  be  a  depend- 
ent  ,  find  that  the  said is  a  dependent 

;  that was  born  on  or  about  the 

day  of and  that  the  other  material 

facts  sets  forth  in  the  petition  filed  herein  are  true. 

And  Thereupon  the  Court  Finds  that  the  said  child, 
being  under  the  age  of  sixteen  years,  is  a  neglected  (de- 
pendent) child  for  the  reason  that  6 


174  JUVENILE  COURT  BLANKS. 

And  the  Court  Further  Finds  that  the  father  of  the  said 

child,  named ,  and  who  is  said  to  reside  at 

is  c 


That  the  mother  of  said  child,  named 

and  who  is  said  to  reside  at is  d 


The  Court  further  finds  that  all  the  allegations  in  the 
petition  herein  are  true  and  proven  as  therein  alleged. 

It  is  therefore  ordered,  adjudged  and  decreed  that  said 

be  and  he  is  hereby  committed 

to 

subject  to  the  rules  and  laws  that  may  be  in  force  from 
time  to  time  governing  such    Institution   or   Association, 

and  that the    

of  said  child  be  and  he  is  hereby  appointed  guardian  over 
the  person  of  said  child  and  he  is  hereby  ordered  and 
directed  to  place  such  child  in  (with)  said  Institution, 
and  to  hold  said  child,  care  for,  train  and  educate  him 
until  he  arrive  at  the  age  of  twenty-one  years,  or  until 

sooner  discharged  according  to  law,  and  said 

as  guardian  over  the  person  of  said  child  is  hereby  author- 
ized and  empowered  without  any  further  order  of  this 
Court  for  that  purpose,  to  assent  to  the  legal  adoption 
of  said  child,  should  any  proceedings  for  his  legal  adoption 
be  commenced  in  any  Court,  at  any  time  during  this 
guardianship,  and  that  such  assent  be  given  without  any 
notice  to  or  consent  by  any  other  person  other  than  such 
guardian. 
It  is  further  ordered,  adjudged  and  decreed  that  the 

defendant do  pay  to  said  guardian 

for  said  Institution  the  sum  of  $ per each 

and  every beginning  with  the day 


JUVENILE  COURT  BLANKS.  175 

of   ,  190..    for  the  support,  maintenance 

and  education  of  said  child  until  the  further  order  of 

this  Court  or  until  by  law is  no  longer 

liable  to  contribute  to  his  support,  maintenance  or  edu- 
cation. 

And  the  Court  hereby  retains  jurisdiction  of  this  cause 
for  the  purpose  of  making  such  further  or  other  orders 
herein  for  the  welfare  of  said  child  as  may  from  time 
to  time  be  found  to  be  in  accordance  with  equity  and  in 
accordance  with  the  statute  in  such  case  made  and  pro- 
vided. 


ENTER 


Judge  of  the  Circuit  Court   (Juvenile 
Court)  of  Cook  County. 

a  If  parent,  guardian  or  relative  was  present  in  Court  and 
waived  notice,  state  that  fact  here. 

6  Here  state  the  facts  constituting  dependency  or  neglect,  in 
the  exact  words  of  the  Statute,  and  also  as  alleged  in  the  petition 
and  proven,  which  must  conform  to  the  statute,  e.  g.,  he  or  she 
"is  destitute;"  or  "is  homeless;"  or  "is  ahandoned;"  or  "is  de- 
pendent on  the  public  for  support;"  or  "has  not  proper  parental 
care  or  guardianship;"  or  "habitually  begs  or  receives  alms;"  or 
"was  found  living  with  a  vicious  or  disreputable  person,"  etc. 

c  Insert  facts  showing  why  the  father  is  unable  or  unfit  to  care 
for  the  child;  e.  g.,  "dead;"  or  "a  drunkard;"  or  "insane;"  or 
"in  prison." 

d  Insert  facts  showing  why  the  mother  is  unable  or  unfit  to 
care  for  the  child;  e.  g.,  "an  invalid;"  or  "in  the  County  poor 
house;"  "feeble-minded;"  or  "residing  in  a  disreputable  house;" 
etc. 

e  See  Section  13  of  an  act  to  regulate  the  treatment  and  con- 
trol of  dependent,  neglected  or  delinquent  children,  as  amended 
in    1907. 


176  JUVEJNILE  COURT  BLANKS. 

(Juvenile  Court  Blank  No.  10.) 
DECREE,  DELINQUENT  CHILD. 
IN  THE  MATTER  OF 

DELINQ:UENT  CHILD.    •■'  ^    I  JUVENILE  NO. 

This  cause  now  coming  on  to  be  heard  upon  the  petition 

filed  herein,  taken  as  confessed  by 

and  all  whom  it  may  concern  and 

the  appearance  and  answer  of  the  defendants 

and  the  child being  now  here 

in  open  Court  in  h —  own  proper  person  as  well  as  by 

h —  counsel,  the  person  heretofore  appointed 

to  repreesnt  h —  and 

being  also  herein  in  open  Court,  and  the  Court  having 
heard  all  the  evidence  adduced  and  having  heard  the  argu- 
ments of  counsel  and  being  fully  advised  in  the  premises, 
finds: 

That  it  has  jurisdiction  of  all  the  parties  to  this  cause 
and  the  subject  matter  hereof,  that  the  said  petitioner  is 
a  reputable  person,  and  a  resident  in  the  County  of  Cook 

and  State  of  Illinois,  and  that 

is  a    person  under    the    age    of    eighteen 

years,  and  of  the  age  of years,    on   the 

day  of   190 . . ,  now  within 

said  County  and  not  an  inmate  of  a  State  Institution  in- 
corporated under  the  laws  of  this  State  and  is  a  delinquent 

child  in  this,  that,  in  the  County  aforesaid,  on  the 

day  of A.  D.  190. .  said  child 


.as  alleged  in  the  petition  herein. 


JUVENILE  COURT  BLANKS.  177 

The  Court  further  finds  that  the  above  named  defend- 
ants     

consent  that  said  child  be  taken  away  from  them  and 
committed  to  the  care,  education  and  training  of  some 
suitable  person  or  any  Institution  provided  by  the  City, 
County  or  State  or  Association  or  Institution  that  has  been 
accredited  according  to  law  by  the  State  Commissioners 
of  Public  Charities  of  the  State  of  Illinois  and  also  placed 
under  the  guardianship  of  some  suitable  person  to  be  ap- 
pointed by  this  Court. 

And  the  Court  further  finds  that  the  above  named 
defendants    

of  said  child  and  each  of  them  are  unequal  to  the  task 
and  responsibility  of  controlling  and  correcting  said  child 
and  preventing  h —  from  repetitions  of  delinquency;  that 
they  and  each  of  them  suffered  and  permitted  the  said 
child  to  commit  the  acts  herein  above  alleged  against  h — 
without  proper  hindrance,  interference  or  restraint  on 
their  part  thereby  suffering  said  child  to  become  delin- 
quent ;    


that  they  and  each  of 

them  are  unfit,  improper  guardians  of  said  child,  and  are 
wholly  unable  and  unwilling  to  care  for,  protect,  train, 
educate,   control   and   discipline  said  child. 

The  Court  further  finds  that  it  is  for  the  interest  of  said 
child  and  of  the  People  of  the  State  of  Illinois  that  said 
child  be  taken  from  its  parents,  father,  mother,  guardian, 
custodian,  or  near  relative  and  committed  to  the  care,  edu- 
cation and  training  of  some  suitable  person  or  any  Insti- 
tution provided  by  the  City,  County  or  State  or  Associa- 
tion or  Institution  that  has  been  accredited  according  to 
law  by  the  State  Commissioners  of  Public  Charities  of 
the  State  of  Illinois  and  also  that  she  be  placed  under  the 


178  JUVENILE  COURT  BLANKS. 

guardianship  of  some  suitable  person  to  be  appointed 
by  this  Court. 

The  Court  further  finds  that  the  said  (a)  father,  (b) 
mother,  (e)  guardian,  (d)  near  relative  of  said  child  is  able 
to  contribute  towards  the  support  of  the  said  child. 

The  Court  further  finds  that  all  the  allegations  in  the 
petition  herein  are  true  and  proven  as  therein  alleged. 

It  is  therefore  ordered,  adjudged  and  decreed  that  said 

be  and  she  is  hereby  committed 

to , 


Subject  to  the  rules  and  laws  that  may  be  in  force  from 
time  to  time  governing  such  institution  or  association,  and 

that  the  

of  said  Institution,  be  and  he  is  hereby  appointed 
guardian  over  the  person  of  said  child,  and  he  is  hereby 
ordered  and  directed  to  place  said  child  in  (with)  said 
Institution  and  to  hold  said  child,  care  for,  train  and 
educate  it  until  it  arrive  at  the  age  of  twenty-one  years, 
or  until  sooner  discharged  according  to  law. 

It  is  further  ordered,  adjudged  and  decreed  that  the 

defendant   do  pay  to  said 

guardian  for  said  Institution  the  sum  of  $ per 

each  and  every  beginning 

with  the  day  of 190. . 

for  the  support  of  said  child  until  the  further  order  of 

this  Court  or  until  by  law is  no  longer 

liable  to  contribute  to  her  support. 

And  the  Court  hereby  retains  jurisdiction  of  this  cause 
for  the  purpose  of  making  such  further  or  other  orders 
herein  for  the  welfare  of  said  child  as  may  from  time  to 
time  be  found  to  be  in  accordance  with  equity    and    in 


JUVENILE  COURT  BLANKS.  179 

accordance  with  the  statute  in  such  case  made  and  pro- 
vided. 


ENTER    

Judge  of  the  Circuit  Court  (Juvenile    Court)    of    Cook 
County. 


180  JUVENILE  COURT  BLANKS. 

(Juvenile  Court  Blank  No.  11.) 

COMMISSION  OF  PROBATION  OFFICER. 

In  the  Circuit  Court  of  Said  County  (Juvenile). 
State  of  Illinois,  County  of  Cook,  ss. 

To 


Placing  special  trust  and  confidence  in  your  character, 
ability,  discretion,  humanity  and  faithfulness,  under  and 
by  virtue  of  an  act  entitled  "An  Act  to  regulate  the  treat- 
ment and  control  of  dependent  neglected  and  delinquent 
Children,"  passed  by  the  general  assembly  of  the  state  of 
Illinois,  and  approved  April  22, 1899,  in  force  July  1, 1899, 
I  hereby  appoint  and  designate  you  to  serve  as  a  probation 
officer  of  said  court  during  the  pleasure  of  the  court.  As 
such  probation  officer  you  will  be  expected  to  familiarize 
yourself  with  the  provisions  of  said  law,  and  at  all  times  to 
strictly  comply  with  the  same  and  with  the  instructions  of 
the  court  as  given  you  from  time  to  time. 

Witness  my  hand  and  the  seal  of  said  court  this  the 

day  of ,  A.  D 

> 

Judge  of  the  Juvenile  Court. 
Attest : 

» 

Clerk  of  said  Court. 


JUVENILE  COURT  BLANKS.  181 

(Juvenile  Court  Blank  No.  12.) 

INSTRUCTIONS  TO  PROBATION  OFFICERS  BY 
JUVENILE  COURT. 

In  appointing  probation  officers,  the  court  places  a  special 
reliance  upon  the  faithfulness  and  wisdom  of  the  persons  so 
designated.  There  is  no  more  important  work  than  that  of 
saving  children,  and  much  will  depend  upon  your  faithful- 
ness. 

This  appointment  is  made  under  the  provisions  of  a  law 
enacted  by  the  legislature  of  1899.  Your  attention  is  par- 
ticularly called  to  the  last  section  of  that  act  [section  21], 
which  declares  the  purpose  of  the  law,  as  follows: 

' '  This  act  shall  be  liberally  construed  to  the  end  that  its 
purpose  may  be  carried  out,  to-wit:  that  the  care,  custody 
and  discipline  of  a  child  shall  approximate  as  nearly  as 
may  be  that  which  should  be  given  by  its  parents,  and  in 
all  cases  where  it  can  be  properly  done,  the  child  be  placed 
in  an  approved  family  home  and  become  a  member  of  the 
family  by  legal  adoption  or  otherwise." 

It  will  be  the  endeavor  of  the  court  to  carry  out  both  the 
letter  and  the  spirit  of  this  act,  and  to  this  end  the  court 
will  have  in  mind  the  following  considerations,  in  the  order 
named  : 

First.  The  welfare  and  interests  of  the  child.  It  is  the 
desire  of  the  court  to  save  the  child  from  neglect  and  cru- 
elty, and  also  to  save  it  from  the  danger  of  becoming  a  crim- 
inal or  a  dependent. 

Second.  The  welfare  of  the  community.  The  most  prac- 
tical way  of  lessening  the  burdens  of  taxation  and  the  loss 
of  property  through  the  ravages  of  the  crime  class  is  by  the 
prevention  of  pauperism  and  crime.  Experience  proves 
that  the  easiest  and  most  effective  way  of  doing  this  is  by 
taking  hold  of  the  children  while  they  are  young — the 
younger  the  better. 

Third.     The  interests  and  feelings  of  parents  and  rela- 


182  JUVENILE  COURT  BLANKS. 

tives.  It  is  right  and  necessary  that  parental  affection 
should  be  respected,  so  far  as  this  can  be  done  without  sac- 
rificing the  best  interests  of  the  child  and  without  exposing 
the  community  to  unnecessary  damage. 

Dependents  and  delinquents.  The  law  divides  children 
into  two  classes,  dependents  and  delinquents.  Cases  of 
both  classes  will  be  referred  to  you:  [a]  For  investigation, 
pending  action  of  the  court;  [b]  for  temporary  supervis- 
ion, pending  action  of  the  court;  [c]  for  supervision  after 
action  by  the  court. 

[a]  Investigation.  When  cases  are  referred  for  inves- 
tigation, you  will  be  expected  to  make  personal  inquiry  into 
the  facts  of  the  case,  with  a  view  to  assist  the  court  in  decid- 
ing what  ought  to  be  done.  To  this  end  it  will  be  necessary 
to  record  the  history  and  the  circumstances  of  the  child  as 
fully  as  possible,  and  blanks  wiU  be  provided  for  this  pur- 
pose. The  court  will  desire  to  ascertain  the  character,  dis- 
position and  tendencies  and  school  record  of  the  child ;  also 
the  character  of  the  parents  and  their  capability  for  govern- 
ing and  supporting  the  child,  together  with  the  character 
of  the  home  as  to  comforts,  surroundings,  inmates,  etc. 

This  information  will  be  obtained  in  your  own  way,  from 
the  child,  from  the  parents,  neighbors,  teachers,  clergymen, 
police  officers,  and  from  the  records  of  the  poor  department, 
the  police  department  and  the  various  charitable  agencies. 

The  court  will  wish  to  determine  from  these  inquiries 
whether  the  child  should  be  separated  from  its  parents, 
guardian  or  custodian;  if  so,  whether  it  should  be  com- 
mitted to  the  care  and  guardianship  of  some  individual 
or  of  some  suitable  association,  or  to  some  suitable  insti- 
tution. The  court  will  not  ordinarily  separate  children 
from  their  parents  unless:  [a]  The  parents  are  criminal; 
[b]  the  parents  are  vicious  or  grossly  cruel ;  [c]  the  parents 
are  entirely  unable  to  support  the  children;  [d]  the  home 
is  in  such  condition  as  to  make  it  extremely  probable  that 
the  child  will  grow  up  to  be  vicious  or  dependent. 


JUVENILE  COURT  BLANKS.  183 

This  court  can  not  be  used  as  a  convenience  for  the  pur- 
pose of  relieving  parents  or  relatives  from  their  natural 
obligations.  Even  in  the  case  of  illegitimate  children  the 
question  will  be  carefully  considered  whether  the  mother 
and  child  ought  not  to  be  kept  together,  at  least  for  the 
time  being. 

[b]  Temporary  care.  The  law  forbids  the  keeping  of 
any  child  in  any  jail  or  police  station.  A  place  of  deten- 
tion for  children,  under  the  care  of  the  court,  will  be  pro- 
vided, but  it  is  the  desire  of  the  court  to  avoid  congrega- 
ting children  even  in  this  temporary  home.  Whenever 
practicable,  therefore,  the  child  will  be  left  in  the  care  of 
parents  or  of  some  suitable  family,  under  the  supervision 
of  the  probation  officer,  pending  the  final  action  of  the 
court.  In  your  investigations  you  will  have  in  mind  the 
question  whether  the  child  can  be  suitably  eared  for  in 
his  own  home  and,  if  not,  whether  a  suitable  temporary 
home  can  be  secured  without  expense. 

[c]  Supervision  after  action  of  the  court.  The  law 
makes  it  the  duty  of  the  court,  as  far  as  possible,  to  locate 
its  young  wards,  both  dependents  and  delinquents,  in  family 
homes.  "Wlhen  practicable,  the  child  will  be  remanded  to 
its  parents,  or  will  be  placed  directly  in  the  family  of  some 
suitable  citizen.  In  such  cases  the  probation  officer  will  be 
expected  to  maintain  a  careful  oversight  of  the  child,  either 
by  personal  visits  at  freqeunt  intervals  or  by  written 
reports  from  the  parent  or  custodian.  All  visits  to  wards 
of  the  court  will  be  reported  on  blanks  provided  for  that 
purpose. 

You  will  please  familiarize  yourself  thoroughly  with  the 
new  law,  and  will  apply  to  the  court  for  such  instructions 
or  information  as  you  may  need  from  time  to  time. 


'Judge  of  the  'Juvenile  Court. 


184  JUVENILE  COURT  BLANKS. 

(Juvenile  Court  Blank  No.  13.) 

PAROLE  CARD. 

Chicago,  Cook  County,  Illinois. 

Circuit  Court  (Juvenile). 

Case  No 

Name  of  Ward 

Father's  Name 

Address 

Time  to  Report 

Place  to  report 

Probation  Officer. 

PAROLE  CARD. 

Circuit  Court  in  the  Juvenile  Court. 
State  of  Illinois,  Cook  County,  ss. 
To 

Upon  a  petition  filed  in  the  above  court  you  were  on  the . . 

day  of A.  D.  190 . . ,  adjudged  to  be  a  ward 

of  said  court  and  as  such  subject  to  the  orders  of  this  court. 

was  duly  appointed  as  probation 

officer  to  have  charge  and  care  of  you  and  to  look  after  your 
welfare  and  education,  and  as  such,  from  time  to  time,  to 
make  report  as  to  your  conduct  and  condition. 

In  order  that  this  supervision  may  be  helpful  to  the 
court  and  to  you,  you  are  required  to  report  in  person  to 

the  said ,  probation  officer  at  such  times  and 

place  as ... .  shall  direct. 


Judge  of  the  Juvenile  Court. 


JUVENILE  COURT  BLANK  186 

(Juvenile  Court  Blank  No.  14.) 
REPORT  BLANK  BY  PROBATION  OFFICERS. 

Case  No 

State  of  Illinois,  County  of  Cook. 

Circuit  Court. 
(Juvenile.) 
Name. 

Address. 

Name  of  Father. 

Name  of  Mother. 

Report  for  ending 

No.  visits  during  month  to  the  child.  From  the  child. 

Habits  of  parents. 

Character  of  neighborhood. 

Does  the  child  attend  church? 

Where  ? 

Is  the  child  at  work? 

Name  and  address  of  employer. 

Character  of  emplojnnent. 


186  JUVENILE  COURT  BLANK 

Is  the  child  at  school? 

Name  of  school  and  teacher. 

Teacher's  report. 

Number  of  days  absent  during  the  month. 

Reasons  for  absence  were. 

Conduct  at  school.  Progress. 

Suggestions,  if  any,  made  to  parents. 

Recommendations  to  the  court. 


,  Probation  Officer. 

Date, 190. . 


JUVENILE  COURT  BLANK  187 

Case  No 

CIRCUIT  COURT  OF  COOK  COUNTY. 
(JUVENILE.) 


In  the  matter  of. 


A 


B 


Filed  this day  of A.  D.  190. 

,  Clerk. 


,  Attorney. 

A  Dependent  or  Delinquent  boy  or  girl, 
B    Name  of  Blank. 

The  above  filing  may  be  used  for  all  blanks.    Print  on 
back  of  each  blank: 


ILLINOIS  ADULT  DELINQUENT  LAW 

DELINQUENT  CHILD— LIABILITY  OF  PARENT  OR 
GUARDIAN. 

1.     Parent  or  guardian  liable — penalty — 
suspension  of  sentence — release. 

APPROVED  May  13,  1905. 
AN  ACT  to  provide  for  the  punishment  of  persons  respon- 
sible for,  or  directly  promoting  or  contributing  to,  the 
conditions  that  render  a  child  dependent,  neglected  or 
delinquent,  and  to  provide  for  suspension  of  sentence  and 
release  on  probation  in  such  cases. 
Section  1.    Be  it  enacted  hy  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly:    Any  par- 
ent or  parents,  or  legal  guardian,  or  person  having  the  cus- 
tody of  any  dependent,  neglected  or  delinquent  child,  as 
defined  by  the  statutes  of  this  State,  or  any  other  person 
who  shall  knowingly  or  wilfully  encourage,  aid,  cause,  abet 
or  connive  at  such  state  of  dependency,  neglect  or  delin- 
quency, or  shall  knowingly  or  wilfully  do  any  act  or  acts 
that  directly  produce,  promote  or  contribute  to,  the  eondi- 
ditions  which  render  such  child  a  dependent,  neglected  or 
delinquent  child  as  so  defined,  or  who,  having  the  custody 
of  such  child,  shall,  when  able  to  do  so,  wilfully  neglect 
to  do  that  which  will  directly  tend  to  prevent  such  state 
of  dependency,  neglect  or  delinquency,  or  to  remove  the 
conditions  which  render  such  child  either  a  neglected,  de- 
pendent or  delinquent  child,  as  aforesaid,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
be  punished  by  a  fine  of  not  more  than  two  hundred 
188 


ILLINOIS    ADULT    DELINQUENT  LAW.  189 

dollars,  or  by  imprisonment  in  the  county  jail,  house  of 
correction,  or  workhouse,  for  not  more  than  twelve  months, 
or  both  by  such  fine  and  imprisonment:  Provided,  that 
instead  of  imposing  the  punishment  hereinbefore  provided, 
the  court  shall  have  the  power  to  enter  an  order  sus- 
pending sentence  and  releasing  the  defendant  from  custody, 
on  probation,  for  the  space  of  one  year,  upon  his  or  her 
entering  into  a  recognizance,  with  or  without  sureties,  in 
such  sums  as  the  court  may  direct.  The  condition  of  the 
recognizance  shall  be  such  that  if  the  defendant  shall  make 
his  or  her  personal  appearance  in  court  whenever  ordered 
to  do  so  within  a  year,  and  shall  provide  and  care  for  such 
dependent,  neglected  or  delinquent  child  in  such  manner 
as  to  prevent  a  continuance  or  repetition  of  such  state  of 
dependency,  neglect  or  delinquency,  or  as  otherwise  may 
be  directed  by  the  court,  and  shall  further  comply  with 
the  terms  of  such  order,  then  the  recognizance  shall  be 
void,  otherwise  of  full  force  and  effect.  If  the  court  be 
satisfied,  by  information  and  due  proof  under  oath,  that 
at  any  time  during  the  year,  the  defendant  has  violated 
the  terms  of  such  order,  it  may  forthwith  revoke  such 
order  and  sentence  him  or  her  under  the  original  convic- 
tion. Unless  so  sentenced,  the  defendant  shall,  at  the  end 
of  such  year,  be  discharged  and  such  conviction  shall 
become  void 

APPROVED  May  13, 1905. 


SUBSCRIBE  FOR 

Juvenile  Court  Record 

Published  Monthly.    -    $1  per  Year 

79  DEARBORN  STREET,  CHICAGO 
T:ID.  hurley,  Editor 

WILL  INTEREST  YOU 

BECAUSE: 

It  publishes  news  in  respect  to  Juvenile 
Courts  throughout  the  country. 

It  advocates  good  laws  for  Children. 

It  presents  matters  of  interest  to  all  inter- 
ested in  dependent,  neglected  and  delin- 
quent children. 

SEND  FOR  SAMPLE  COPY 


Published  by 

VISITATION  AND  AID  SOCIETY 

Office:   Unity  Building,  CHICAGO 
Eastern  Office:  Madison  Bulding,  New  York  City. 


DATE  DUE 

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